Idaho Sample Subordination, Nondisturbance, and Attornment Agreement: A Subordination, Nondisturbance, and Attornment Agreement (SODA) is a legal contract commonly used in commercial real estate transactions. This agreement involves three parties: the lender (secured party), the tenant (occupant), and the landlord (property owner). The purpose of an SODA is to establish the rights and responsibilities of each party in the event that a tenant defaults on their lease while the property is under a mortgage. In Idaho, there are various types of Sample Subordination, Nondisturbance, and Attornment Agreements that cater to different circumstances and parties involved: 1. Lender's Sample SODA: This agreement primarily focuses on providing protection and rights to the lender. It outlines the conditions under which the lender would agree to subordinate its mortgage lien to the tenant's leasehold interest. It ensures that the lender's rights are preserved even if the ownership of the property changes or if the tenant defaults on the lease. 2. Tenant's Sample SODA: This agreement safeguards the tenant's rights and leasehold interest in the event of a foreclosure or change in ownership. It ensures that the new property owner will recognize the existing lease, and the tenant's occupancy and rights under the lease will not be disturbed. This agreement also provides the tenant with protection against potential disruptions caused by the lender's actions. 3. Landlord's Sample SODA: This agreement is focused on the landlord's rights and interests. It ensures that the tenant's obligations under the lease will continue undisturbed, regardless of any changes in the property's ownership or the lender's actions. The landlord acknowledges the lender's rights and agrees to attorn to the new property owner in the event of foreclosure. This agreement protects the landlord's position, lease income, and stability of the tenancy. Components of an SODA typically include subordination provisions, non-disturbance provisions, and attornment provisions. The subordination clause defines the lender's priority over the tenant's leasehold interest in case of foreclosure. The non-disturbance clause ensures that the tenant's rights will not be affected by any actions or events caused by the lender. The attornment clause obligates the tenant to recognize and continue their lease obligations under new ownership. An Idaho Sample Subordination, Nondisturbance, and Attornment Agreement must be carefully drafted and reviewed by legal professionals to ensure it complies with Idaho state laws and adequately protects the interests of all parties involved. It is essential to consult an attorney experienced in real estate transactions to ensure a thorough and robust agreement that addresses specific circumstances.