Guam Non-Disturbance and Attornment Agreement (NDA) is a legally binding contract that protects the rights of tenants in the event of a property foreclosure. It is a document usually executed between a tenant, landlord, and a lender in the context of a commercial lease, mortgage agreement, or a financing arrangement. The Guam NDA ensures that the tenant's rights and occupancy of the leased premises will not be disturbed by the lender in the event of foreclosure or other actions taken by the lender against the landlord. This agreement provides security to the tenant by outlining specific provisions and obligations. It establishes a framework for communication and cooperation between the tenant, landlord, and lender, ensuring that the tenant's rights and lease agreements remain intact during and after the foreclosure process. The Guam NDA typically includes the following key elements: 1. Non-Disturbance: This clause stipulates that as long as the tenant complies with the terms of the lease, their occupancy and rental rights will be preserved despite any actions taken by the lender against the landlord. 2. Attornment: The attornment clause binds the tenant to recognize and accept the lender or new landlord as the successor in interest in the event of a property transfer or foreclosure. This ensures a continued landlord-tenant relationship with the new owner or lender. 3. Estoppel Certificate: An estoppel certificate is often incorporated into the Guam NDA, requiring the tenant to confirm certain lease-related information to the lender. This may include the lease's validity, current rental amount, and any other pertinent details requested by the lender. 4. Notice and Cure: This section outlines the procedures for providing notice to the tenant in case of default by the landlord. It also includes provisions for the tenant to cure any defaults on behalf of the landlord to prevent the foreclosure process from being initiated. Different types of Guam Non-Disturbance and Attornment Agreements may vary in their specific terms and conditions depending on the parties involved and the nature of the lease agreement. For instance, there could be NDAs specifically tailored for commercial properties, retail spaces, office buildings, or industrial complexes. Each NDA will address the unique requirements and concerns relevant to the specific property type and lease arrangement. In conclusion, the Guam Non-Disturbance and Attornment Agreement is an essential legal document that safeguards the rights and interests of tenants during property foreclosure. By establishing clear guidelines between the tenant, landlord, and lender, it ensures that the tenant's lease remains intact and that their occupancy rights will be respected irrespective of any actions taken by the lender.