A Phoenix Arizona Subordination and Attornment Agreement, also known as a Subordination and Attornment Agreement between Landlord, Tenant, and Lender, is a legally binding document that outlines the rights and obligations of the parties involved in a commercial real estate lease agreement. This agreement is commonly used in the context of a commercial property where a lender provides financing to the landlord while the tenant occupies the premises. In Phoenix, Arizona, there are different types of Subordination and Attornment Agreements that can be customized based on the specific needs and circumstances of the parties involved. Some common variations include: 1. Non-Disturbance Subordination and Attornment Agreement: This type of agreement is typically used to protect the rights of the tenant in the event of a foreclosure or sale of the property by the landlord's lender. It ensures that the tenant's leasehold interests will not be disturbed, even if a new landlord acquires the property. 2. Subordination and Attornment Agreement with Estoppel Certificate: This type of agreement includes an estoppel certificate, which is a statement signed by the tenant confirming certain facts about the lease, such as the rent amount, lease term, and any outstanding obligations. It provides the lender with additional assurance regarding the tenant's commitment and the financial stability of the lease. 3. Subordination and Attornment Agreement in a Leasehold Mortgage: This type of agreement is used when the tenant holds a leasehold interest in the property and wants to obtain financing by using their leasehold interest as collateral. It establishes the priority of the leasehold mortgage over any existing mortgages or liens on the property. 4. Subordination and Attornment Agreement in a Ground Lease: In the case of a ground lease, where the tenant leases the land and constructs improvements on it, this type of agreement is commonly used. It establishes the priority of the lender's mortgage over the leasehold interest and ensures that the tenant will still be obligated to pay rent to the lender in the event of a default by the landlord. Overall, a Phoenix Arizona Subordination and Attornment Agreement between Landlord, Tenant, and Lender is crucial for clarifying the respective rights, priorities, and obligations of the parties involved in a commercial real estate lease. It provides a framework for the smooth operation of the lease and helps protect the interests of all parties involved.
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.