HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Jesus Is Alive Crusades Worldwide Inc - 9302191616After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washington 98101 2339
(The abovF space is reserved for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
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THIS AGREEMENT, dated for reference purposes the 15th day
of January, 1993, is between JESUS IS ALIVE CRUSADES WORDWIDE, INC.
"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 (formerly Equitec Peal 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 Kings County, Washington to encumber the Premises, dated
1993, and recorded in King County, Washington, on
1993, under Recording No. (Tenant
authorizes Beneficiary or the escrow ayent.to fill in the date and
recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Equitec
Real Estate Investors Fund XVI dated November 22, 1988 and
Amendment to Lease dated December 5, 1991 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 agreement.
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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:
a. The right of possession of Tenant to the leased
premises and Tenant's rights arising out of the j A���hfildnnpt b
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affected or disturk•ed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the dote 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 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, 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
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(2) subject to any offsets or deficiencies
which the Tenant might be entitled to assert against the present
of
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
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advance; or
(4) bound by any security deposit which Tenant
may have paid to any prior landlord unless such deposit is in
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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
any 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
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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,
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and to any renewal, evr_ensions, 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
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
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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
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respective successors 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:
JESUS !S-*LIVE CRUSADES WORLDWIDE, INC.
By: Y ��Xl
Its:
By:
Its:
BENEFTCTARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
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By:
Its:
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 appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
lzxsul
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1993, before me
On this;20�0? day of -(lna to
personally appeared i7�1
me known to be the and
respectively, of JESUS I5 ALIVE CRUSADES WORLDWIDE, 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.
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WITNESS my hand and official seal hereto affixed the day
and year first above written.
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�'�V •.�;o�" F Notary Public in and or t e Slate
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�OT(4y�'•: of Washington; .residin
My commission expires:
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK
State of Massachusetts
County of 'Nuriul'n
On this 17th day of February, 1993 before me ppeared
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:';Lr4`qbi *rnjcary act and deed of said corporation, for the uses
and purposes .herein men.t4vje ,%A n oath stated that they were authorized to
execute said instrumen,wanZ3ihc's_eal affixed is the corporate seal of said
corporation.
Iii ;,ITNESS 'WHERE.rc j u�'ha set my hand and affixed my official seal the
day and pear first w itte_t+;:'9ij
Denise A. :irnold, Notary 7abiic
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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EXHIBIT A
PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF A'N'DOVER INDUSTRIAL PARK NO. 5. AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 AND 23, RECORDS OF KING COUNTY:
SITUATE IS THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON.
PARCEL A -2:
ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK N0. 5, AS'PER PLAT
RECORDED IS 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 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 BOUNDARY OF SAID LOT 7.
WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OP WASHINGTON.
PARCEL A -3:
A PORTIO`: 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:
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BEGINSI?:G AT THE EAST 1/4 CORNER OF SAID SECTION 26:
`D 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:
^U THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS 410.28 FEET. THROUGH A
CENTRAL ANGLE OF 4G 46'10 AN ARC DISTANCE OF 334.90 FEET;
THENCE NG^TP. 48 °33'38" EAST 188.36 FEET:
THENCE ,:,ONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTF:L ANGLE 72'16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITH A LINE BERING SOUTH 56 °38'20" EAST:
THENCE S3UTFI 56'38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48'44'23" EAST 71.30 FEET:
THENCE ::TH 45 EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CI'.R.'STESS:': RUAD N0. 1479:
THENCE S7 1: 37 °54'41" WEST 462.23 FEET:
THENCE SOUTH 32'39'25" WEST 132.67 FEET:
Tur.;rF N'RTI! P,8'12'32" VEST 524.50 FEET:
Tf:E':CF. 1 :0271 01'47'2.9" EAST 90.66 FEET TO THF. TRUE POINT OF BEGINNING:
THE CITY OF TUKWILA. c('CXTY OF KING. STATE OF WASHINGTON.
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