A Provo Utah Subordination, Non-Disturbance and Attornment Agreement (SODA) is a legal document that outlines the rights and obligations of various parties involved in a commercial real estate transaction in Provo, Utah. This agreement is commonly used in situations where a tenant leases a property that is subject to a mortgage. In simple terms, subordination refers to the tenant's agreement to have their leasehold interest in the property become subordinate or lower in priority to the lender's mortgage interest. This means that if the property is foreclosed upon, the tenant's leasehold interest will be subject to the lender's rights and may be terminated. This is a crucial aspect as it maintains the lender's position as the primary lien holder on the property. Non-disturbance ensures that if the lender forecloses on the property, the tenant's rights under the lease agreement will be respected and protected. It guarantees that the lender will not disturb the tenant's possession or enjoyment of the property, so long as the tenant complies with the terms and conditions of the lease. Attornment is the tenant's agreement to recognize and accept a new owner or landlord of the property in the event of a foreclosure. This means that the tenant agrees to remain a tenant under the new ownership and acknowledges them as their new landlord. There are different types of Sodas that may exist in Provo, Utah based on the specific parties involved. Some common types include: 1. Tenant-SNDA: This agreement is between the tenant, the landlord, and the lender. It ensures that the tenant's rights are protected and respected in the event of foreclosure. 2. Landlord-SNDA: This agreement is between the landlord, the lender, and the tenant. It assures the lender that the landlord will not take any actions that might adversely impact the lender's collateral, such as terminating the tenant's lease. 3. Lender-SNDA: This agreement is between the lender, the landlord, and the tenant. It provides the lender with security that their rights and interests will not be disturbed by the tenant and the landlord. In conclusion, a Provo Utah Subordination, Non-Disturbance and Attornment Agreement is a vital legal document that protects the interests and rights of all parties involved in a commercial real estate transaction. It ensures that the tenant can continue operating their business, even if the property is foreclosed upon. The specific type of SODA required will depend on the role of the 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.