HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / McDermot dba Genesis Counseling Center - 9302191618After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washington 98101 -2339
(The above space i.s reserved for the recorder's office)
NON- DISTURBANCE, ATTORNMENT AND SUBORDINATION ZSREEMENT
L THIS AGREEMENT, dated for reference purposes the 14th day
of January, 1993, is between CHRISTINA MCDERMOT dba Genesis
Counseling Center "Tenant and SUN LIFE ASSURANCE COMPANY OF
CANADA (U.S.), a Delaware corporation "Benefi4ciary"), the
beneficiary under a Deed of Trust, Assignment of Rents and Security
I 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. 1. l`i,:. (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
Real Estate Investors Fund XVI dated March 26,'1992 for a portion
7-1 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
with respect to their respective interests in the Premises by means
the following non- disturbance, attornment and subordination
agreement.
:OW THEREFORE, the parties hereto covenant and agree as
follows:
i 1. Provided that the Lease is in full force and effect
and there are no defaults thereunder, then:
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 richts under the Deed of Trust or the Note sd cured,.tbereby.
C01 AT RFQZ r);:
(i�t /P,S'JMJDw(.150Gb6.))
c r777F nSLFUI�'CG c n
;.w 17.1 A'F. ,t'F
lap,?
$'4 ?FrY,n
b. In the evert that the Beneficiary or any other
person acquires title to the Tremises pursuant to the exercise of
any remedy provided for in the Deed of Trust or by mean-. 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, 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 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. 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
^ay have paid to any prior landlord unless such deposit is in an
e ^crow fund available to Beneficiary; or
(5) bound by any amendment to the Lease if
such ar..endnent has not received Beneficiary's prior written
c c consent; or
(6) bound by any provision in the Lease which
obligates Landlord to erect or complete any building or to perform
any construction work, or to make any improvements to the Premises.
2. Tenant agrees with Beneficiary that Tenant will not
vol+.ntarily subordinate the Lease to any other lien or encumbrance
without Beneficiary's prior writtt-rr consent.
3 The Lease shall be subject and subordinate to the
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
t'
`.hereof.
4. The foregoing provisions shall be self of>• ^native and
effective without the execution of any further inctrurents en the
2
part of any party hereto. However, Tenant agrees to execute and
deliver to the Benefir.iary 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 benefit of and be
binding upon tha 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:
k
Christina McDermot
dba Genesis Counseling Center
0
J
t
I !V
j J
1 1
S
1
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
By:
Its:
By:
Its:
(77591/83960/DwL60466.1)
3
STATE OF WASHINGTON
S!3.
COUNTY OF KING
I certify that I have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
on this day !,)ersonally appeared before me Christina
McDermot, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that
she signed the same as her free and voluntary act an:l deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this 1''" day of
/i 1993.
d
�ylui
star �'•�r Notary Public in' and for the State
SOT :A Of Washington, residing at ;j;�'� /,iL.
My commission expires:
r=..►"UDt�
T
Cn
V
I
is
t
I
(76 71/E3710/DNl /50(66.7) 4
I
C01'24ONWEAL7H OF MASSACIfusrTTS
COUNTY Or NORFOLK
ss.
the persons ahnts fY that I }:now or h,,_
State of Massachusetts
County of NnrfoLk
On this 17th day of February, 1993 before me appeared
Margaret Sears }lead, to me known to be the Senior Associate Counsel of the Snn Life
Pssurance 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 0e free and v 4VN71z'yact and deed of said corpor;.:ion, for the uses
and purposes therein me ti. a�ld•A op'th stated that they were authorized to
execute said instrument,,an<f,�t�af~�Iha scat affixed is the corporate seal of said
corporation. +t �At7Y,1
IS WITNESS WHEREOF, I �my hand and affixed my official seal the
u
and rear f t writte
Denise A. Arnold, Notary Public
My commission expires: august 6, 1993
Notary public in and for the
Commonwealth of kassachusetts,
residing at r
DIY commission expires;
I
f
1
�i
F
1
r
e
I:Y.IIII3IT A
1
r
1 �J
r.�
J
5
I
t
PARCEL. A -l:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER 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 TUKVILA. 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:
THENCE NOR7HEAS ERLY 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 TINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A -3:
A PORTION OF THE WEST 112 OF SECTION 25 AND THE .EAST 1/2 OF SECTION' 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
BEGINN'IN'G 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 HAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTRAL ANGLE OF 46'4C'10 AN ARC DISTANCE OF 334.90 FEET:
THENCE NORTH 48'33'38" EAST 188.36 FEET:
THENCE ALONG A CURVE TO THE RIGHT RAVING A RADIUS OF 410.26 FEET. THROUGH A
CE.':7P.AL -':GLE OF 72'16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITH A LINE BEARING SOUTH 56':.8'20" EAST:
THENCE SOUTH 56 38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48 44'23" EAST 71.30 FEET:
THENCE SOUTH 45 °09'27" EAST 9.93 FEET 70 THE WESTERLY MARGIN OF JAPES
.HRISTFNSE`: ROAD NO. 1479:
TL!TNCF. SOU7H 37 °54'41" b"C57 468.23 FEET,
THF;NCF, SOUTH 32'39'25" WEST 132.67 FEET:
TI: ?;':CF. 1:0. °.7H P,8 °]2'32" WEST 524.50 FEET:
TKKNCE NORTH 01'47'2P" EA57 90.66 FEET TO THE TRITE POINT OF BEGINNING:
T!!F C: OF T UKWILA. COUNTY OF KING. STATE OF WASHINGTON.
I
i