West Jordan Utah Subordination, Non-Disturbance, and Attornment Agreement (SODA) refers to a legal document commonly used in real estate transactions, specifically in the context of commercial leases. This agreement outlines the relationship between three parties: the tenant, the landlord, and a third-party lender or mortgagee. In West Jordan, Utah, there are generally two types of Subordination, Non-Disturbance, and Attornment Agreements: one used in the context of a landlord's existing mortgage loan and another used for future mortgage loans or refinancing. Both types aim to protect the tenant's rights and interests in the event of a default or foreclosure by the landlord. The Subordination clause in the agreement establishes that the tenant's leasehold interest is subordinate to the rights of the lender/mortgagee. This means that if the landlord defaults on their mortgage payments, the lender has the right to foreclose on the property and terminate the lease. However, the tenant's rights are acknowledged, and the agreement ensures that the tenant will not be immediately expelled from the property without adequate notice. The Non-Disturbance clause offers protection to the tenant by stipulating that as long as the tenant fulfills their lease obligations, the lender will not disturb their possession and use of the premises, even in the event of a foreclosure or transfer of ownership. This clause provides a guarantee that the tenant will be allowed to continue their business operations undisturbed, regardless of the landlord's financial troubles. The Attornment clause determines that, in the event of foreclosure or transfer of ownership, the tenant agrees to recognize the lender or any subsequent owner as the new landlord. It obligates the tenant to attorn to the new landlord and fulfill all lease obligations outlined in the original lease agreement. The purpose of the West Jordan Utah Subordination, Non-Disturbance, and Attornment Agreement is to clarify the rights and obligations of all parties involved and ensure the tenant's interests are protected even in situations where the landlord experiences financial difficulties. By signing this agreement, the tenant can mitigate the risk of sudden eviction or disruptions to their business operations. In essence, the West Jordan Utah Subordination, Non-Disturbance, and Attornment Agreement safeguard the tenant's rights during lease assignment, foreclosure, or a change in property ownership. It assures the tenant that their business can continue without significant interruption, providing a sense of security and stability.
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.