A subordination, nondisturbance, and attornment agreement (SODA) is a legal document commonly used in the real estate industry, including in Wayne, Michigan. This agreement outlines the rights and obligations of various parties involved in a commercial property lease or mortgage transaction. It typically involves three parties: the lender, the tenant, and the landlord. In Wayne, Michigan, where commercial real estate is thriving, several types of Subordination Nondisturbance and Attornment Agreements may be applicable, including: 1. Commercial Lease SODA: This agreement is entered into between the lender and the tenant. It establishes the tenant's rights in case of foreclosure or default by the landlord. It ensures that the tenant's leasehold interest will be recognized by the lender and allows the tenant to continue occupying the leased premises. 2. Mortgage SODA: This agreement is executed between the lender and the landlord. It subordinates the landlord's interest in the property to the lender's mortgage, making the leasehold interest of the tenant secondary to the mortgage. The landlord agrees not to disturb the lender's rights in case of default or foreclosure by the borrower, while the lender recognizes the validity of the lease. 3. Tri-City SODA: This agreement involves three parties: the lender, the landlord, and the tenant. It combines both the elements of a commercial lease SODA and a mortgage SODA. It ensures that even if the landlord defaults or faces foreclosure, the tenant's leasehold rights are recognized and protected by the lender. A typical Wayne, Michigan SODA addresses various essential components, including: — Subordination: The agreement establishes that the tenant's rights are secondary to the rights of the lender. — Nondisturbance: It ensures that the lender will not disturb the tenant's possession of the leased premises or its rights under the lease if the landlord defaults or faces foreclosure. — Attornment: It requires the tenant to recognize the lender as the new landlord in the event of default or foreclosure, and to continue paying rent directly to the lender. — Estoppel: It confirms that the tenant acknowledges the current lease terms, the landlord's compliance, and any other representations made regarding the lease or the property. The Wayne, Michigan Subordination Nondisturbance and Attornment Agreement is an important legal tool in the commercial real estate industry. It protects the interests of both lenders and tenants, ensuring stability and continuity, even in situations of financial turmoil or property transfer.
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.