HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Home Service Network dba Culligan Services Northwest - 9302191615�i
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After recording return to:
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 SUBORDINAT.UN AGREEMENT
THIS AGREEMENT, dated for reference purposes the 13 thday
of January, 1993, is between HOME SERVICE NETWORK dba CULLIGAN
SERVICES NORTHWEST "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 (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 le 1993, and recorded in
King County, Washington, on 1993, under Recording
No. (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 October 27, 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
agreement.
N
O NOW THEREFORE, the parties hereto covenant and agree as
C-) 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 ?eased
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 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 t;lereof, 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 eff_ct as a direct
lease between Tenant and Beneficiary, or such other person, upon
all the terms, covenants, conditions and agreemgnts 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
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
`D obligates Landlord to erect or complete any building or to perform
any construction work or to make any improvements to the Premises.
2. Teri agrees with Beneficiary that Tenant will not 9
: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
y _hereof.
4. The foregoing provisions shall be self operative and
=ffective without the eyecution of any further instruments on 'he
-D591/457�,C/04L/49179.1)
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 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.
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TENANT:
HOME SERVICE NETWORK dba CULLIGA4SERVICES
NORTHWEST
Its:!
By: D,0,0,;;-,
Nil,
Its: Nn��
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BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
n
By:
Its:
By.
Its:
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'%,v'7e;:yiuracor7a. 1
1
s
CATE OF WASHINGTON
ss.
)UNTY OF KING
I certify that I know or have satisfactory evidence that
ie persons appearing before me and making this acknowledgment are
ie persons whose true signatures appear on this document.
On this LP dav,pf C 1993,• before me
t,, YlL
arsonally appeared v and
to me' known to '-be the
vi
and
aspectively, of HOME SERVICE NETWORK dba CULLIGAN SERVICES
)RTHWEST, the corporation that executed the within and foregoing
istrument, and acknowledged the said instrument to be the free and
)luntary act and deed of said corporation, for the uses and
irposes therein mentioned, and on oath stated that they were
)thorized to execute said instrument and that the seal affixed, if
ty, is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day
id year first above written.
Notary Public in and for the State
of Washington, residing at 1
.1
NOTARY My commission expires:��/ /y9y
•_t
/l l /l /!/tlitl It r,,``,,.
C C -24 ON T WEALTn OF
MASSACHUSETTS
COUNTY OF NORFOLK
State of Massachusetts
Count 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 tl Sun Life
Assurance Company of Canada, duly authorized to execute the annexed instrument, an
behalf of Sun Life Assurance Company of Canada (L:.S.), and acknowledged the said
instrument to be the free aPd-vn1yntary act and deed of said corporation, for the uses
and purposes therein meni06rwd,Aand oath stated that thev were authorized to
execute said ins t umenv, s eal affixed it the corporate seal of said
co poracn. 4�
ti IN
WITNES yh set my hand and affixed my official seat the
y and year first v—Ttt�
k-m
Denise A. Arnold, Notar"
Xv commission expires. August 6, 1993
Notary Public
in and for th
Commonwealth
Of Massachus
residing at
MY Com mission
expi
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5
EX111131T A
PARCEL A -I:
ALL OF LOTS I. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. S. AS 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.
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 COR.NER OF SAID LOT 7;
THENCE NORTH 01 47'28" EAST. 149.78 FEET;
THENCE NORTHEASTERLY ALONG THE CURrn TO 7HE RIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF 05°21'43 A.N 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.
WHIG'. IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON
PARCEL A -3:
A POP'TION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST N.M. DESCRIBED AS FOLLOWS:
BEGINNINS AT THE EAST 1/4 CORNER OF SAID SECTION 26:
4 L 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:
THEl:CE 40PTH 01 °47'28" EAST 2.45 PEST 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:
THE! ALONG A CURVE TO THE RIGHT PAVING A RADIUS OF 470.28 FEET, THROUGH A
CENT ?.AL A':GLE OF 72 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITii A LINE BEARING SOUTH 56 °38'20" EAST:
T.._...E SOUTH SG °38'20" FAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48°44'23" EAST 71.30 FEET:
w E SO'_TH 45 °09'27" EAST 9.91 FEET TO THE WESTERLY KARGIN.OF JAMES
C'r.F:5T 81 :5 =:5 ROAD N0. 1479:
„i 64' 41' WEST 46Ft.23 FEET.
S ;:T1i 32 °39'25''* wiST 132.67 FEET:
P,P. 12'32" WEST 524.50 FEET.
TI{E.• :�I: .?'TN. 01 FAST 90.66 FEET TO THE. TRUE POINT OF BEGINNING:
TF CITr' OF TU}::I;,,,. COC.: OF .ING. .,.ATE OF WASHINGTON.
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