HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Natural Like Dental Lab - 9302191612After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson 5 73urdell
1420 Fifth Avenue, Suite 3400
Seattle. Washington 98101 2339
(The above space is resezved for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the 15th day
of January, 1993 is between NATURAL LIKE DENTAL LAB 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 "Depd of
Trust to be executed by Hallwood Real Estate Investors Fund XVI,
a Delaware general, 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. (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information).
N PRELIMINARY STATEMENT
-D Tenant has executed a Lease (the "Lease with Hallwood
Real Estate Investors Fund XVI dated September 6, 1991 for a
portion of the Premises. Beneficiary will hold the Deed of Trust
j described above on the Premises. Tenant and Beneficiary desire
hereby to establish certain rights, safeguards, obligations and
U 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
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 dizturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
ill.ED FOR RFCnRP AT PT01'"I"
n459 U yMIJ'U!: t: Ntl74 I
Sm VVM4 ?t "I \1
F0 µn\ Lr.
RP.I.I.f ^,:I tt.,
w
t
d
i
i
j b. In the evn_nt 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 oVierwise, 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
i purchase the Premises at a foreclosure sale, as its new landlord,
and the Lease shall continue in full force and effee 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
i other person be:
I
N (1) liable for any act or omission of the
present Landlord; or
r (2) subject to any offsets or deficiencies
which the Tenant might be entitled to assert against the present
O Landlord; or
C')
U'` (3) bound by any payment of rent or additional
rent made by the Tenant to the Landlord for more than one mont;i 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
(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
without Beneficiary's prior written consent.
3. The Lease shall be subject and subordinate to the
lien of the Deed of Trust and to Pall terms, conditions and
provisions thereof, to all advances made or to be made thereunder,
and to any renewals, extensions, modifications or replacements
thereof.
1
4. The foregoing provisions shall be self operative and
effective without the execution of any further instruments on the
t 2
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, th'e parties hereto ::ave caused this
Agreement to be fully executed effective the day and year first
above written.
TENANT:
NATURAL LIKE DENTAL LAB, INC.
By:
Its: f
'I.
91'
f�
ti
Q`
rQ
O
C;
L;
By:
Its:
a
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
Bye
Its:
By:
Its:
nv�•n �onvm: yx: i r 3
1
STAT:: OF WASHINGTO14
sa.
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 day of 1993, before me
personally appeared 1 /p,� anti'
to me known to be the J A Al f and 11
respectively, of NATURAL LIKE DE AL LAB, 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.
WITNESS my hand and official seal hereto affixed the clay
and year first above written.
r r 4ar Public in and f th State
of Washington, residing at
My commission expires:
CV
T
CD
M
1 71 1,
s
`6
'1
C ON` ONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK
4 Z certify that Z know or have
State of Massachusetts
County 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 the Sun Life
Assurance Company of Canada, duly authorized to execute the annexed instrument, on
hchaL£ of Sun Life Assurance Company of Canadn (U.S.), and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses
and pu.poses therein mentio 'OdpC'r•.gn oath stated that they were authol'ir.ed to
execute said instrument e. seal affixed is the corporate seal of said
corporation. �V r
IS WITNESS 1 9HEREO F set my hand and affixed my official seal the
('gay and :ear Crst w 'tte
Denise A. Arnold, Not2ry Pubric,'
My commission expires: August 6, 1993
Notary public in and for the
C ommonwealth of Massachusetts,
residing at
f 'Ay commission expires: t
1
1
7
i'
E
S
:i
I
i
PX!IJ 131 A
PARCEL A -1:
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 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 63 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:
T;iZSCE NORTliEATERLY 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:
4 SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A -3:
A PORTION 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:
C�J
A
C\i ,D
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 FEET TO THE TRUE POINT OF BEGINNING:
ry
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: j
THENCE NORTH
48'33'38 EAST 188.36 FEET:
THENCE ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 410.25 FEET. THROUGH A
CENTRAL 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
48'44'23" EAST 71.30 FEET:
THENCE SOUTH
45'09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CHRISTENSEN
ROAD NO. 1479:
THENCE SO;:TH
37 °54'41" WEST 4GS.23 FEET.
THENCE SOUTH
32'39'25" WEST 132.67 FEET:
THE':';E NORTH
88'12'32" WEST 524.50 FEET:
71!Et:CE NORTH
01'47'28" EAST 90.GG FEET TO THE TRUE POINT OF BEGINNING:
1.': THE
CITY OF "EUK1.'iLA. CO "NTY OF KING. STATE OF WASHINGTON.