HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / West Star Business Systems - 9302191613S.
3. The right of possession of Tenant to the leased
premises and Tenant's rights arising out of the Lease shall not be
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After recording return tu:
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 SUBORDINA AGREEMENT
WEST 5-r AX_
THIS AGREEMENT, dated for refece purposes the it4tilday
--WE
of January, 1993, is between SIPAR 'BU SINESS SYSTEMS, INC.,
formerly known as Westar, 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 liallwood
Real Estate Investors Fund XVI, 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 i King County, Washington to
encumber the Premises, dated 1993, and recorded in
King County Washington, on 1993, under Recording
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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") dated August
16, 1989, and an Amendment to Lease dated September 4, 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.
NOW THEREFORE, the parties hereto covenant and agree as
follows:
1. Provided that the Lease is in full force and effect
,nd there are no defaults thereunder, then:
3. The right of possession of Tenant to the leased
premises and Tenant's rights arising out of the Lease shall not be
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affected or disturbed by the Beneficiary 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 the7: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 t: the Lease
and the rights of the Tenant thereunder; and the Tenant covenants
and agrees to a *_torn 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 presen:
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
may have paid to any prior landlord unless such deposit is in an
escrow fund available to Beneficiary; or
T
rti (5) bound by any amendment to the Lease if
;D such anerdnent has not received Beneficiary's prior written
consent; or
(5) 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
-"t'-Out Pencfic:.ar 's prior ;vritten consent.
The Leo:;e ;hall be subject and subordinate to the
lien of the Deed of Trust and to all terms, conditions and
pro•isions thereof, to all advances made or to be made thereunder,
and to any renewals, extensions, modifications or replacement:
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
order to effectuate said provisions.
5. This Agreemen'_ 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 assign.
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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BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
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(U.S.), a Delaware corporation
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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.
on this jiP! day of 1993, before me
personally appeared i___ and to me
known to be the f'.': pT and
respectively, of WEST,�f„,BUSINESS SYSTFMS, INC., the corporation
that executed the with' 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.
Notary Public iin and for the State
of Washington, residing at r.icr /1 Y
My commission expires:
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COr'MNWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLX ss.
State of Massachusetts
Coanty of Norfolk 1
on this I7t h day of February, 1993 before me appeared
Marf;nret Sear, Mcad, to me known to be the Senior Associate Counsel of the San Li :t
Assurance Company of Canada, duly authorized to execute the annexed instrument, on
heitaif of Sun i.ife Assurance Company of Canada (U.S.), and acknowledged the said
i::,tru ^ent to Lc the free and voluntary act and deed of said corporation, for the uses
;,c:d pL,rposes therein mentioned,. 'and QD;.oath stated that they were authorized to
,-xe Cute said instrument, and 't t e Y A b,,affixed is the corporate seal of said
corporation. "+•Y'
iS �;ITNESS WHEREOF, I uLiy hand and affixed my official seal the
and year first writte t A
',en:..e A. Arrol,i, :rotary Puhlic'
+:v 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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PARCEL. A -I:
ALL OF LOTS 1, 2 A.1'D 3 OF ANDOVER I'MUSTRIAL PARK NO. S. AS PER PLAT RECORDED
IN VOLUME. 83 OF PLATS. PAGES 22 AAJ 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. S. AS PER PLAT
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY, LYING
NORTH OF THE FOLLOWING DESCRIBE❑ LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01'47'28" EAST. 149.78 FEET:
TFiE &CE NORTHEAS7ERLY ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF'216.37
FEET THROUGH A CENTRAL ANGLE OF 05'21'43 MN 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.
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FARCES. A -3:
i
J A PORTION OF THE WEST I/2 OF SECTION 25 ANT) THE EAST 1/2 OF SECTION 26, ALL IN
TOWNSHIP 23 NORTH. RA.4GE 4 EAST W.H. DESCRIBED AS FOLLOWS:
BEGIN':i':G AT THE EAST 1/4 CORNER OF SAID SECTION 26:
THUXE NORTH 88'0642" WEST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 26
A DISTA'CE OF 106.84 FEET TO TIIE TRUE POINT OF BEGINNING:
W THENCE NCRTIi 01 °47'28" EAST 2.45 FEET TO A POINT OF CURVATURE:
THENCE A:.ONG A CURVE TO THE RIGHT }SAVING A RADIUS OF 410.28 FEET, THROUGH A
CE`:TRA! ANGLE OF 46'46'10 AN ARC DISTANCE OF 334.90 FEET:
THENCE °.Tl: 48'33'38'• EAST 188.36 FEET:
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTP',I. ,G/E OF 72'76'35", AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITH LINE. BEARING SOUTH 56'38'20'• EAST:
THENCE OU H 56'38'20" EAST ALONG SAID LINE A DiSTAt:CE OF 69.93 FEET:
4?' 4 4' 23" EAST 71.30 FEET:
j 4' 2 I:l.S"I t!.'+1 "CET 70 T8 W ?:.`:Ti:Ri.Y MARGIN OE JAMI
7:fjlT 1.;. 1479:
4'47 WEST 462.2 FEET.
T!?I:•:.''f; ^,`x'25" WLST 7':;.67 FF.F.T:
WEST FEET:
EA.;T 90 fr, f TO TiiL Ti ^:I: PUIN 0!' BEGINNING.
j T...... 7!:..
C17Y OF 'il7F.Wii.A. (.(il..."i OF VI5(l. .,111TE OF W;S)II :ETON.
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