HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Mwamba dba Primerica Financial Services - 9302191617After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washi.natcn 98101 -2339
(The above ;-pace is reserved for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the 15t11day
of January, 1993, is between KHALFANI MWAMBA dba PRIMERICA
FINANCIAL SERVICES "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 s
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 Premiss, dated
1993, and recorded in Kin ColUnt Washington, 4 Y ton, on g
i /i 1993, under Recording No. "C'� f.- Yh�'.F.Y (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 August 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
with respect to their respective interests in the Premises by means
of the following non disturbance, attornment and subordination
v^ 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:
1 a. The right of possession of Tenant to the leased
a premises and Tenant's rights arising out of the Lease shall not be
affected or disturbed b the Benefici in the exercise of an
xy� I Y rY Y of
v its rights under the Deed of Trust or the Note secured thereby-
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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 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 hareby 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 a ;-1 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
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(3) bound by any payment of rent or additiona-
rent made by the Tenant to the Landlord for more than one month in
advance; or
(4) bound by any security deposit which Tenant
ray 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
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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
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and construction work or to make any improvements to the Premises.
2. Tenant agrees with Beneficiary that Tenant will not
voluntarily subordinate the Lease to any other lien or encumbrance
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
thereof.
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4. The foregoing provisions shall be self operative and
effective without the execution of any further instruments on the
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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 provisions.
5. This Agreement may not be modified other than by an
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agreement in writing signed b the
g 9 y parties hereto or by their
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respective successors in interest.
6. This Agreerent 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
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above written.
TENANT:
KHAZ,FANI "AMBA
dbi PRIME RICA FINANC =AL SERVICES
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BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA.
(U.S.), a Delaware corporation
Its:
By:
Its:
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I knew or have satisfactory evidence that
the persons appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
On this day personally appeared before me Khalfani
Mwamba, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowl <:c?ged that
he signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this ll� day of
��ii1l fl 1993.
UM0'
Notary Public in and for the State
r_ y =�yn1AMY of Washington, residing; at. Jl
My commission expires:
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COMMONWEALTH OF MASSACHUSET7S
COUNTY OF NORFOLK
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State of Massachusetts
County of Norfolk
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On this 17th day of February, 1993 before me appea -ed
Margaret Sears Mead, to me known to be the Senior Associate Counsel of the Sun Life
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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,v01'uhtary act and deed of said corporation, for the uses
and purposes therein meat igne�;, N aod 4 y'n,fath stated that they were authorized to
execute said instrument, 9na& a 6wal,affixed is the corporate seal of said
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corporation.
IN Fl;);ESS WHEREOF,'.f et' my hand and affixed my official seal the
�y and year fi -st wrI, a 1AA 4.
Denise A. Arnold, :rotary public,
My commission expires: August 6, 1993
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Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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LxiIi151T A
PARCEL, A -1:
ALL OF LOTS 1. 2 AND 3 OF ANNDOVER INDUSTRIAL PARK NO.5. 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.
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PARCEL A -2:
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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 0I 47'28" EAST. 149.78 FEET;
TuEiKCE 'NORTHEASTERLY ALONG THE CLn:`c 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 IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A -3
A PORTION OF THE NEST 112 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST W.N. 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 PEET 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 °46'10 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 410.28 FEET, THROUGH A
CF•%7R/,L ANGLE OF 72 °16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITH A LINE BEARING SOUTH 56 °38'20" EAST;
THENCE SOUTH 56 °38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48 °44'2,'," EAST 71.30 FEET:
S THENCE SOUTH 45 °09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CHR ?STENSEN ROAD N0. 1479:
THENCE SOUTH 37 °54'42'• TEST 4G6.23 FELT:
J THENCE SOUTH 32'39'25'• WEST 132.67 FEET;
THENCE NORTH 88';2'32" WEST 524.50 FEET;
T2i ?:NCE NORTH 01'47'28" EAST 90.66 FEET TO THE TRUE POINT OF BEGINNING:
Tl:i: CIT OF TUKWILA. COUNTS OF F,ING, STATE OF WASHINGTON.