HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Contemporary Countertops - 93021916204
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After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguso,t Burdell
1420 Fifth Avenue, Suite 3460
Seattle, Washington 93101 -2339
(The above space is reserved for the office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference Purposes the 14thday
of January, 1993, is between CONTEMPORARY COUNTERTOPS "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 YVI, a Delaware
general partnership (formerly Equitec Real Estate Investors Fund
XVI, a California limited 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. `/.SG._ /6C j y (Tenant 'authorizes
Beneficiary or the escrow agent to fill in the date and recording
inforr;ation).
PRELIMINARY ST ATEMENT'
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CU Tenant has executed a Lease (the "Lease dated February
10, 1926, and as subsequently amended March 28, 1989, September 19,
Z!, 1990 and March 20, 1992 for a portion of the Premises. Beneficiary
will hold the Deed of Trust described above on the Premises.
N Tenant and Beneficiary desire hereby to establish certain rights,
safecuards, obligations and priorities with respect to their
L^ respective interests in the Premises by means of the following non
disturbance, attornment and subordination agreement.
NOW Ti ?EREFORE, the parties hereto covenant and agree as
follows:
1. Provided that the Lease is in Pull force and effect
anJ there are no default; thereunder, then:
1. ;he• r of possession of 'Tenant to the leased
pr ^...GCs :,nd Tcnant rir ar.sinq out of the Lease shall not be
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FILED FAR RLf n! nrgt'EST OF
TRANSAMERIc A IT! 1 :\1-1:1ZANCE CO.
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P( IUA 14113
F1711Y 1: WA 99CM
affected or disturbed by the Be•eficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
b. In the event that the Beneficiary or any other
person acquires title to the: Premises pursuant to the exercise of
any remedy provided for in ':he 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 covenants 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 ;:ovenants
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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 other person, upon
all the terms covenants, conditions and agreements set forth in
the Lease. r—wever, in no event shall the Beneficiary or such
other pers.,r
(1) liable for any act or omission of the
a.
present Landlord; or
(2) subject to any offsets or deficiencies
which the Tenant night 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 wff ph Tenant
may have paid to any prior landlord unless such deposit is in an
•scrow fund available to Beneficiary; or
(5) bound by any amendment to the Lease if
such amendnent has not received Beneficiary's prior written
consent; or
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(6) bound by any provision in the Lease which
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obligates Landlord to erect or complete any building or to perform
any construction work or to make any improvements to the Premises.
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2. Tenant agrees with Beneficiary that Tenant will net
voluntarily subordinate the Lease to any other lien or encumbrance
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without Beneficiary'-- prior written consent.
The Lease shall be subject and subordinate to the
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lici of the Decd of Tru --t 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
:hereof.
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4. The foregoing jrovisions 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 effectuate said provisions.
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.
6. This Agreement shall inure to the bene`t 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.
By:
TENANT:
CONTEMPORARY COUNTERTOPS, INC.
By: G h G
Its: si0Fti
Its:
BENEFICIARY:
CV SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
By: mot—
Its: /I
By:
Its:
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
the persons appear?.ng before me and making this acknowledgment are
the persons whose true signatures appear on this document.
On this day of t J 1993, before me
personally appeared i5i. Z'nn and to me
known to be the 7i.�) I and
respectively, of CONTEMPORARY COUNTERTOPS, INC., 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.
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Notary Public in end for the Slate
of Washington, residing aV
My commission expires: ilc7z l�
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COMMON14EALTH OF MAS`ACHUSETTS
COUNTY OF NORFOLX 1
1 ss.
befn
I cert`
the persons aPPearin that I know or
the have satisfa�r
tl ar......_ t1 ro
State of Massachusetts
County of Norfolk
On this 17th day of February, 1993 before me appeared
Margaret Sears Mead, 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 Assurance Company of Canada (U.S.). and acknowledged the said
instrument to be the free_•and� voluntary act and deed of said corporation, for the uses
and purposes therein ment'oi"d, j a d.on oath stated that they were authorized to
execute said insLrumettC' ap ..rhn'Nhe seal affixed is the corporate seal of said
corporation.
IN i<ITNESS WHEREO �i e.j7Creilnto set my hand and affixed my official seal the
year fi wr v ..`v
Denise A. Arnold, Notary Public
My commission expires. August 6, 1.993
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com monwealth `oin a nd for the
residing at Mas sachusett s,
MY commission expires:
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EX11111' P A
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PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF &?:DOVER INDUSTRIAL PARK NO. 5. AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 AND 23. RECORDS OF KING CAUN7Y:-
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. S. 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;
lhZSCE NORTHEASTERLY 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 BOUKDARY OF SAID LOT 7.
WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON
PARCEL A
A PORTION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH, RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 26:
THENCE NORTH 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:
THENCE ALONG A CURVE TO THE RIGHT RAVING A RADIUS OF 410.28 FEET. THROUGH A
CFNTF✓:L ANGLE OF 4G 46'10 AN ARC DISTANCE OF 334.90 FEET:
T ;F:NfE NCPTII 48 33'38" EAST 168.36 FEET:
THENCE ALONG A CURVE TO THE RIGHT RAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTP.AL 1 0,GLE OF 72 °16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
W',TH A LINE BEARING SOUTH 56 °38'20" EAST:
THENCE SOUTH 56 38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
.HENCE SOUTH 48'44'23" FAST 71.30 FEET:
,HENCE: 50'_7H 45 °09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CHPISTENSEN ROAD No. 1479:
THENCE 50:;'1: 3 °54'47" FIST 468..23 FEET:
TP.ENCE: SO, :TH 32'39'25" WEST 132.67 FEF,T:
-urNrr NORTH 88'12'32" WEST 524.50 FEET:
7EE`:rE: f:OP'E'. 07'47'28" EAST 90.66 FEET TO THE: TRUE POINT OF BEGINNING:
-..F. C17Y OF ',UY' :Lt,. Col,*NTl OF RING. STATE. OF WASHINGTON
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