A Middlesex Massachusetts Subordination Nondisturbance and Attornment Agreement, often referred to as an SODA agreement, is a legal document that provides protection to various parties involved in a commercial real estate lease transaction. This agreement is particularly relevant in Middlesex County, Massachusetts, where it is commonly used to safeguard the rights and interests of lenders, tenants, and landlords. The SODA agreement consists of three distinct components: subordination, non-disturbance, and attornment. Each component addresses specific rights and obligations of the involved parties, as outlined below: 1. Subordination: This aspect of the agreement establishes the priority of lien or security interests in the event of a default by the tenant. It ensures that the lender's claim to the property takes precedence over the tenant's rights, allowing the lender to foreclose or take other necessary actions without interruption or interference from the tenant. 2. Non-disturbance: The non-disturbance provision provides assurance to the tenant that, in the event of a foreclosure or the sale of the property, the tenant's lease will be recognized and honored by the new owner or the foreclosing lender. It safeguards the tenant's right to occupy the premises and protects them from eviction or lease termination by the new owner or lender. 3. Attornment: The attornment provision obligates the tenant to accept a new landlord if the property is sold or transferred to a new owner or foreclosing lender. It ensures that the tenant acknowledges and agrees to continue paying rent and abiding by the terms of the lease under the new landlord. While there may not be different types of Middlesex Massachusetts Subordination Nondisturbance and Attornment Agreements per se, the terms and conditions of each agreement can vary depending on the specific details and negotiations between the parties involved. Some SODA agreements may have additional clauses or provisions to address unique circumstances or protect the interests of specific stakeholders. In summary, the Middlesex Massachusetts Subordination Nondisturbance and Attornment Agreement is a crucial legal document in commercial real estate transactions. It is designed to establish the priority of lien, protect the tenant's rights in case of foreclosure or property transfer, and ensure a seamless transition between landlords. Proper execution of an SODA agreement provides reassurance and security to all parties involved in the lease transaction.
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.