if you are a commercial tenant, a commercial landlord, or a lender taking a mortgage against commercial property. If you're a tenant, this form also protects you from being evicted if your landlord stops paying its mortgage loan.
Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement, commonly referred to as SODA, is a legal contract between three parties: the landlord, the tenant, and a third-party lender. This agreement is typically used in commercial real estate transactions where the tenant leases a property from the landlord and the landlord has mortgaged the property to obtain financing from a lender. The purpose of the Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement is to establish the rights and obligations of each party in the event of a default on the mortgage. It ensures that the tenant's lease will remain in effect even if the property is foreclosed upon or transferred to a new owner. The agreement consists of three main clauses: 1. Subordination: The tenant agrees to subordinate their lease to the lender's mortgage, meaning the lender's rights take priority over the tenant's rights. This clause allows the lender to foreclose on the property without terminating the lease. 2. Non-Disturbance: The landlord agrees to obtain a non-disturbance agreement from the lender, ensuring that the lender will not disturb the tenant's rights under the lease, even in the event of foreclosure. This clause provides the tenant with a level of security and stability. 3. Attornment: The tenant agrees to recognize and attorn to a new landlord in the event of foreclosure or transfer of ownership. The agreement requires the tenant to cooperate with the new landlord and continue paying rent to them. Different types of Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreements may vary depending on the specific terms and conditions negotiated by the parties involved. Some agreements may have additional clauses addressing specific rights and obligations unique to a particular transaction. In summary, the Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement is a critical legal document that protects the rights and interests of all parties involved in a commercial lease transaction. It ensures that the tenant's lease remains valid and enforceable, even in the event of foreclosure or transfer of ownership.
Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement, commonly referred to as SODA, is a legal contract between three parties: the landlord, the tenant, and a third-party lender. This agreement is typically used in commercial real estate transactions where the tenant leases a property from the landlord and the landlord has mortgaged the property to obtain financing from a lender. The purpose of the Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement is to establish the rights and obligations of each party in the event of a default on the mortgage. It ensures that the tenant's lease will remain in effect even if the property is foreclosed upon or transferred to a new owner. The agreement consists of three main clauses: 1. Subordination: The tenant agrees to subordinate their lease to the lender's mortgage, meaning the lender's rights take priority over the tenant's rights. This clause allows the lender to foreclose on the property without terminating the lease. 2. Non-Disturbance: The landlord agrees to obtain a non-disturbance agreement from the lender, ensuring that the lender will not disturb the tenant's rights under the lease, even in the event of foreclosure. This clause provides the tenant with a level of security and stability. 3. Attornment: The tenant agrees to recognize and attorn to a new landlord in the event of foreclosure or transfer of ownership. The agreement requires the tenant to cooperate with the new landlord and continue paying rent to them. Different types of Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreements may vary depending on the specific terms and conditions negotiated by the parties involved. Some agreements may have additional clauses addressing specific rights and obligations unique to a particular transaction. In summary, the Westminster Colorado Lease Subordination, Non-Disturbance and Attornment Agreement is a critical legal document that protects the rights and interests of all parties involved in a commercial lease transaction. It ensures that the tenant's lease remains valid and enforceable, even in the event of foreclosure or transfer of ownership.
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.