A Montgomery Maryland Subordination Nondisturbance and Attornment Agreement, commonly known as an SODA, is a legal document that outlines the rights and responsibilities between three parties: a landlord, a tenant, and a lender. This agreement is particularly relevant in the context of commercial real estate transactions where a tenant is existing or future. Keywords: Montgomery Maryland, Subordination Nondisturbance and Attornment Agreement, SODA, commercial real estate, landlord, tenant, lender. In Montgomery, Maryland, the SODA is a crucial document that protects the interests of all three parties involved in a commercial lease transaction. Let's explore the components and types of SODA agreements in more detail: 1. Subordination: The subordination clause is a significant aspect of an SODA where the tenant agrees to subordinate its leasehold interest to any future or existing lender's lien or mortgage on the leased property. This means that in case of default or foreclosure by the landlord, the tenant will recognize the lender's superior rights to the property. 2. Nondisturbance: The nondisturbance clause protects the tenant's rights in the event of foreclosure or any other action taken by the lender against the landlord. The lender agrees not to disturb the tenant's possession or leasehold rights as long as the tenant fulfills its obligations under the lease agreement. 3. Attornment: The attornment clause outlines the tenant's agreement to recognize and attorn to a new owner or lender in case the landlord's interest in the property is assigned or transferred. This ensures that the tenant continues the lease agreement with the new owner or lender, even after a change in property ownership. There can be variations of SODA agreements, depending on the specific transaction and the parties involved: 1. Lender-focused SODA: This type of SODA primarily safeguards the lender's interests. The agreement clearly defines the tenant's obligations and provides the lender with additional rights and remedies in case of default or foreclosure. 2. Tenant-focused SODA: In contrast, the tenant-focused SODA puts more emphasis on protecting the tenant's rights. It may include provisions that limit the lender's ability to disturb the tenant's possession and leasehold rights during and after foreclosure. 3. Mutual SODA: A mutual SODA aims to strike a balance between the interests of both the tenant and the lender. It provides protections for both parties and typically involves negotiations to ensure fair terms for all involved. Montgomery Maryland Subordination Nondisturbance and Attornment Agreements play a crucial role in commercial leasing transactions. They establish a clear framework that protects the rights and obligations of each party involved — the landlord, tenant, and lender. These agreements ensure the tenant's leasehold rights are preserved, the lender's interests are secured, and that the parties understand their interdependencies throughout the lease term.
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.