HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Seattle Pressure Washing - 9302191622After recording return te:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101 -2339
(The above space is reserved for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the ,day
of January, 1993, is between SEATTLE PRESSURE WASHING "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 Trust to be
executed by Hallwood Real Estate Investors Fund XVI, 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 1993, and recorded in
King County, Washington, on 1993, under Recording
No. L'_( (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Hallwood
Peal Estate Investors Fund XVI dated June 11, 1992 for a portion of
the Premises. Beneficiary will hold the Deed of Trust described
_0
above on the Premises. Tenant and Beneficiary desire hereby to
establish certain rights, safeguards, obligations and priorities
with respect to their respective interests in the Premises by means
b. In the cv- that the ueneficiary or any other
i)c•r ;on acquires title to the Premises pursuant to the exercise of
an; remedy provided for in tnc Deed of Trust or by means of a deed
in Lieu of foreclosure the,:eof, the Lease shall not be terminated
or affected by said foreclosure or deed in lieu of foreclosure and
the Beneficiary hereby ovenants that any sale by it of the
Premises pursuant to the exercise of any rights or remedies under
the Deed of Trust, or 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 effec.- as a direct
lease between Tenant and Beneficiary, or such other 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
part of any party hereto. Howevar, Tenant agrees to execute and
deliver to the Beneficiary or tc any person to whom Tenant herein
agrees to attorn such other instruments as either shall request in
order to effectuate said proviGions.
5. This Agreement may not be modified other than by an
agreement in writing signed by the parties hereto or by their
respective successors in interest.
CU
CU
J
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 trueZsignatures appear on this document.
On thisd day of 1993, before me
personally appeared and(
to me known to be and
respectively, of SEATTLE PRESSURE WASHING, 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 and official seal hereto affixed the day
and year first above written.
POF WA��tt�
V�59t /E.ih:.prt /G97tb.:
�YublifA �4 for t e State
of Washington, residing a wpvlzh L
My commission expires:
v
4
.
COMMONWEALTH OF MASSACHUSL''TTS
COUNTY OF NORFOLK
ss,
Z certify that
State of Massachusects
County of Norfolk
On this 17th day of February, 1993 before nie appeared
Margaret Sears ;lead, to me known to be the Senior Associate Counsel of the Sun Life
Assurance Company of Canada, duly authorized to execute the annexed instrument, on
behalf of Sun Life Assuran ?"any of Canada (U.S.), and acknowledged the said
instrument to be the fre ,,n4 oo]m a ;v act and deed of said corporation, for the uses
and purposes therein men 8Bd -oath stated that they were authorized to
execute said instrumen,..'2�tlt�j seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF;;' qq `�,t�eu o set my hand and affixed my official seal the
d;j'y ar i year sc writ
Denise A. Arnold, Notary Pubii`c
Y.y commission expires: August 6, 1993
C
;lam
^J
Notary public in and for the
C ommonwealth
residing at of Massachusetts,
t commission expires:
5
EXI1113ITi' A
PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. 5, AS PER PLAT RECORDED
IN VOLUME 83 OF Pi,ATS. PAGES 22 AND 23, RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE. OF WASHINGTON.
PARCEL A -2
ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK NO. 5. AS PER PLAT
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY, LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01 °47'28" EAST. 149.78 FEET:
Tiic;l'CL NJTTHEASTERL'i ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF 05 °21'43 AN ARC DISTANCE OF 20.25 FEET TO
THE 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 IS THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.