Arkansas Subordination Nondisturbance and Attornment Agreement, often referred to as SODA, is a legal contract that outlines the rights and responsibilities of various parties involved in a real estate transaction. This agreement is commonly used in commercial property leases, mortgages, and property management agreements. The purpose of an Arkansas Subordination Nondisturbance and Attornment Agreement is to establish a hierarchy of rights in cases where multiple parties have an interest in the same property. It typically involves three parties: the landlord or property owner, the tenant or occupant, and the lender or mortgagee. The agreement can be categorized into several types, depending on the specific circumstances and parties involved: 1. Landlord-tenant SODA: This type of agreement ensures that the tenant's lease rights will not be disrupted if the property goes into foreclosure or is sold. The tenant agrees to recognize the lender or new owner of the property as their landlord and continue paying rent, while the lender agrees not to disturb the tenant's occupancy rights. 2. Lender-tenant SODA: In this case, the lender seeks assurance that the tenant will continue paying rent and abiding by the lease terms, even if the property is transferred to another owner. The tenant agrees to recognize the lender as the new landlord and provides attornment, giving the lender direct control over the lease. 3. Lender-landlord SODA: This variation exists when the landlord secures a loan using the property as collateral. The lender wants protection in case of default, ensuring that they can step in as the new landlord if necessary and collect rent from the tenant. The landlord agrees to subordinate their rights to the lender's interest for the duration of the loan. The Arkansas Subordination Nondisturbance and Attornment Agreement typically covers various clauses and provisions to safeguard the interests of all parties involved. It may include details on the status of the lease, the priority of claims, requirements for tenant attornment, notice provisions, and dispute resolution mechanisms. In summary, an Arkansas Subordination Nondisturbance and Attornment Agreement is a crucial document in commercial real estate transactions. It provides a framework for the landlord, tenant, and lender to establish their respective rights and obligations. By recognizing the different types of SODA agreements, all parties can ensure their interests are protected in the event of ownership changes, defaults, or foreclosures.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.