HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / DHI Investments dba Fiesta West - 9302191623After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washington 98101 -2339
(The above space is reservers for the recorder's office)
NON- DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT'.
1
THIS AGREEMENT, dated for reference purposes the 15th day
of January, 1993, is between D.H.I. INVESTMENTS dba FIESTA WEST
"Tenant and SUN LIFE ASSURANCE COMPANY OF CANADA '(U.S.), a
Delaware corporation "Beneficiary the beneficiary under a Deed
of Trust, Assignment of Rents and Security Agreement "Deed of
j Trust to be executed by Hallwood Real Estate Investors Fund Y.VI, F
a Delaware general partnership, or its successor (the holder of the
Landlord's interest in the Lease described below is herein called
the "Landlord as owner of the real property described in Exhibit
A attached hereto and by this reference incorporated herein (the
"Premises and to be recorded in King County, Washington to
encumber the Premises, dated /E 1993, and recorded in
King Count Washington, on '1.! 1993, under Recording
v 170. %..6_ (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information). t
PRELIMINARY STATEMENT
1
j Tenant has executed a Lease (the "Lease with Hallwood
s 7 Real Estate Investors Fund XVI dated October 14, 1992 for a portion
of the Premises. Beneficiary will hold the Deed of Trust described
above on the Premises. Tenant and Beneficiary desire hereby, to
establish certain rights, safeguards, obligations and priorities
:ith respect to their respective interests in the Premises by means
of the fo non disturbance, attornment and subordination
agreement.
NOW THEREFORE, the parties hereto covenant and agree as
follows:
1. Provided that the Lease is in full force and effect
and there are no defaults thereunder, then:
i
a. The right of possession of Tenant to the leased
premises and Tenant's rights arising out of the Lease shall not be
affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
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b. In thr event that the Beneficiary or any other
person acquires title to the Premises pursuant to the exercise of
any remedy provided for in the Deed of Trust or by means of a deed
in lieu of foreclosure thereof, the Lease shall not be terminated
or affected by said foreclosure or deed in lieu of foreclosure and
the Beneficiary hereby covenants that any sale by it of the
Premises pursuant to the exercise of any rights or remedies under
the Deed of Trust, o:- otherwise, shall be made subject to the Lease
and the rights of the Tenant thereunder; and the Tenant covenants
and agrees to attorn to the Beneficiary, or such person who may
purchase the Premises at a foreclosure sale, as its new landlord,
and the Lease shall continue in full force and effect as a direct
lease between Tenant and Beneficiary, or such o"i:er person, upon
all the terms, covenants, conditions and agreements set forth in
the Lease. However, in no event shall the Beneficiary or such
other person be:
(1) liable for any act or omission of the
present Landlord; or
(2) subject to any offsets or deficiencies
which the Tenant might be entitled to assert against the present
Landlord; or
(3) bound by any payment of rent or additional
rent made by the Tenant to the Landlord for more than one month in
advance; or
(4) bound by any security deposit which Tenant
may have paid to any prior landlord unless such deposit is in an
escrow fund available to Beneficiary; or
(5) bound by any amendment to the Lease if
such amendment has not received Beneficiary's prior written
consent; or
(6) bound by any provision in the Lease which
obligates Landlord to erect or complete any building or to perform
CV any construction work or to make any improvements to the Premises.
T 2. Tenant agrees with Beneficiary that Tenant will not
voluntarily subordinate the Lease to any other lien or encumbrance
cv without Beneficiary's prior written consent.
3. The Lease shall be subject and subordinate to the
lien of the Deed of Trust and to all terms, conditions and
provisions thereof, to all advances made or to be made thereunder,
and to any renewals, extensions, modifications or replacements
y thereof.
j 4. The foregoing provisions shall be self operative and
effective without the execution of any further instruments on the
part of any party hereto. However, Tenant agrees to execute and
deliver to the Beneficiary or to any person to whom Tenant herein
agrees to attorn such other instruments as either shall request in
order to effectuatF: said provisions.
5. This Agreement may not be modified other than by an
agreement in wr`.ting signed by the parties hereto or by their
respective succFSSOrs in interest.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the. day and year first
above written.
TENANT:
D.H.I. INVESTMENTS
dba FIESTA +TEST r
a
By:
Its:
d
BENEFICIARY:
t
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
T
Its:
By:
Its:
(]�59: /91740 /DNL /50<19.1) 3
sr
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
the persons appearing before me and making this acknowledgment are
the persons whose tr*je signatures appear on this document.
On this day of 1993, before me
personally appeared to
me known to be the r)i and
respectively, of D.H.I. INVESTMENTS dba FIESTA WEST, the
corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute
said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
WITNESS my hand a official hereto affixed day
and year first above written.
f,
Notd±y Public in for' tUe
and
oL—WaehiTmjtun residinq,�t L
my commission expires:
Kim C. Roberts
Barrister& Solicitor
500 220 Cambie Street
Vancouver, B.C. V6B 2!J0
L (604) 684-G377
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1
4
I
COMMONWEALTH OF MASSAC',iUSETTS
COUNTY OF NORFOLK
ss.
State of Massachusetts
Count:• of Korfolk
on this 17th day of February, 1993 before me .,ppeared
Margaret Sears `lead, to me known to be the '�eni.or Associate Counsel �f the Sun Lite
Assurance Company of Canada, duly authorized to execute the annexed instrument, on
behai; o: Sun Life Assurance Company of Canada (U.S.), and acknowledged the said
instrument to he the free avd- Vbluntary act and deed of said corporation, for the uses
and purposes therein men tniped each stated that they were authorized to
execute said instrument I 4' ;hatcile seal affixed is the corporate seal of said
r
corporation,V�A,i}y
iS ''WITIGESS :+•HEREOF`', e hrr"nto set my hand and affixed my official seei the
C av and year first wri QS U ,t
Denise A. Arnold, Notar Public
My co =mission expires: August 6, 1993
(7759 t/ 8 3 9 60/DMt/50468,1)
Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
5
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G
i
(7759 t/ 8 3 9 60/DMt/50468,1)
Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
5
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PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF ANDOVFR INDUSTRIAL PARK NO. 5. AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 AND 23, RECORDS OF KING COUNTY;
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON.
PARCEL A -2:
ALL TP..AT PORTInN OF LnT 7 nF ANDnVF.R iA'DUSTRIAI. PARE NO. S. AS PF.R PLAT
RECORDED IN VOLUME 83 OF PLATS. PAGES 22 AND 23. RECORDS OF KING COUNTY. LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGIN ^.:ING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01 °47'28"' EAST. 149.78 FEET:
THENCE NORTHEASTERLY ALONG THE CURVE TO THE FIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF 05 21'43 AN ARC DISTANCE OF 20.25 FEET TO
•I
TY.E TRUE POINT OF BEGINNING OF SAID LINE:
THENCE SOUTH 88 °12'32" EAST 339.74 FEET TO THE EAST BOUNDARY OF SAID LOT 7.
WHICH. IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
=i
PARCEL A -3:
r
A POR -10N OF THE WEST 1/2 OF SECTION 25 AND THE FAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 22 NORTH, RANGE 4 EAST X.N. DESCRIBED AS FOLLOWS:
BEGINNINS AT THE EAST 1/4 CORNER OF SAID SECTION 26:
THENCE NOP.TH 88 °06'42" WEST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 26
A DISTANCE OF 105.84 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 01 °47'28' EAST 2.45 FEET TO A POINT OF CURVATURE:
r
THENCE A:0':G A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
V
CENTRAL A1:GLE OF 46'46'10 AN ARC DISTANCE OF 334.90 FEET:
THE':CE NORTH 48 °33'38" EAST 188.3G FEET;
THENCE A1,0`:G A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CE?;-PAL ANGLE OF 72 °16'35". AN ARC DISTANCE OF 517.55 FEET TO AN IA'T ERSECTION
WITH A LINE BEARING SOUTH 5, °38'20" EAST: 0
THENCE SOOT" 56 °38'20" EAST ALONG SAID LINE A DISTANCE Or 69.93 FEET?
TN.ENCF SO::Ttf 48 °44'23•' EAST 71.30 FEET:
TP, -.':'F S °t' 45 °09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
f.HRISTEY:SE.': ROAD t:!;. 1479:
THENCE S -H 3 °.`,4'41 WEST 46P.23 FEET:
THENCF. 50iF 32 WEST 132.G7 FEET:
TI ?F':CE NDF:TH 8P °12'32"" WEST 624.50 FEET;
THENCE NOR7V 01'47'2P" FAST 90.6G FEET TO Till: TRUE POINT OF BEGINNING:
,Hi: CiTi OF TUKt1 11.A. COUNTY OF KING. STATE OF WASHINGTON.