A Wake North Carolina Subordination Nondisturbance and Attornment Agreement (SODA) is a legal document that outlines the rights and obligations of various parties involved in a real estate transaction, specifically in the context of commercial leases. This agreement is typically signed by the landlord (Lessor), tenant (Lessee), and a third-party lender (Lender). Keywords: Wake North Carolina, Subordination Nondisturbance and Attornment Agreement, commercial lease, landlord, tenant, real estate transaction, Lessor, Lessee, third-party lender The purpose of a Wake North Carolina SODA is to establish the priority of rights between the Lender and the Lessee in the event of a default or foreclosure. It ensures that the lender's mortgage takes precedence over the lease and protects the interests of the lender and the Lessee. There are different types of Wake North Carolina SODA: 1. Subordination Agreement: A subordination agreement refers to the subordination of the Lessee's leasehold interest to the Lender's mortgage. This means that in the event of default or foreclosure, the mortgage lien will take priority over the lease, and the Lender can occupy the property or make arrangements with a new tenant. 2. Nondisturbance Agreement: A nondisturbance agreement guarantees that in the event of default or foreclosure, the Lender will not disturb the Lessee's occupancy rights under the lease. The Lessee will have the right to remain in the property and fulfill its lease obligations with any new owner or lender who acquires the property. This agreement provides security for the Lessee and reassures them that their lease will be honored even if the property changes hands. 3. Attornment Agreement: An attornment agreement acknowledges the relationship between the new owner (typically the Lender after foreclosure) and the Lessee. It obligates the Lessee to acknowledge the new owner as their landlord and continue paying rent and other lease obligations to the new owner. In summary, a Wake North Carolina Subordination Nondisturbance and Attornment Agreement is a legal document that addresses the priority of rights between a lender and a tenant with a commercial lease. It ensures that the lender's mortgage takes precedence over the lease, while also providing protection for the tenant's occupancy rights. The agreement typically consists of three components: subordination agreement, nondisturbance agreement, and attornment agreement.
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.