South Dakota Landlord's Waiver - needed to mortgage equipment in leased premises

State:
Multi-State
Control #:
US-01625
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Word; 
Rich Text
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This form is for a landlord to waive lien rights against furniture, equipment and other personal property for the benefit of a lender who finances the property for the lessee.

A South Dakota Landlord's Waiver is a crucial document required when seeking to secure a mortgage on equipment within leased premises. This legal agreement provides the lender with a waiver from the landlord, granting the lender the right to seize and sell the equipment in case of default by the tenant on the mortgage loan. The South Dakota Landlord's Waiver protects the lender's interest and ensures that they can recover their investment in the event of a default. In South Dakota, there are generally two types of Landlord's Waivers: 1. Absolute Waiver: This waiver grants the lender unconditional rights to the equipment. In the case of a default by the tenant, the lender can seize and sell the equipment without any interference from the landlord. The absolute waiver is the most common type preferred by lenders, as it provides them with full control and security. 2. Conditional Waiver: The conditional waiver is a more limited form of protection for the lender. It specifies certain conditions under which the landlord will allow the lender to take possession of the equipment. These conditions may include default on the lease or failure to make timely rental payments. A conditional waiver may be negotiated between the lender and the landlord based on their specific requirements and preferences. Obtaining a South Dakota Landlord's Waiver is crucial for lenders, as it ensures that they can recover their investment in case of default. This document offers them the necessary protection to confidently provide loans secured by equipment located within leased premises. Lenders should consult with legal professionals to draft a waiver that adheres to the specific requirements and regulations in South Dakota. In conclusion, a South Dakota Landlord's Waiver is an essential document that grants lenders the right to mortgage equipment within leased premises. The two main types, absolute and conditional waivers, provide different levels of protection for lenders. Lenders should ensure they have a comprehensive understanding of the waiver requirements in South Dakota and seek legal advice to draft a waiver that meets their specific needs.

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A collateral agreement transfers all or some of the rights of the owner of personal property (including a life insurance policy) to another party (the assignee) as security for the repayment of an indebtedness.

Reasonable notice of landlord's intent to enter--Contents. Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.

A collateral access agreement is a legal document that outlines the terms and conditions of how an individual can borrow money from a business owner. It will state what the borrower needs to do in order to repay the loan, as well as any interest rates or penalties for late repayment.

A tenant has the right to possession and "quiet enjoyment" of the property he or she is renting - that is, to be free from unreasonable interference by the landlord or other persons. The landlord has the right to make a reasonable inspection, but only with a prior 24-hour notice to the tenant and at a reasonable time.

An agreement between a landlord and a receivables financier in which the landlord agrees to waive its rights to exercise distraint over a client's assets to meet sums due to the landlord, usually unpaid rent.

A collateral loan agreement is a legal agreement, much like a standard loan agreement, but the borrower has put up assets as security for the loan. A common collateral loan is a car loan in which the car is used as collateral or a mortgage loan where the house or property is used as collateral.

Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.

Collateral form (plural collateral forms) (linguistics) A synonymous but not identical, coexisting form (variation) of a word, such as an accepted alternative spelling.

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This form is for a landlord to waive lien rights against furniture, equipment and other personal property for the benefit of a lender who finances the property ... Aug 1, 2014 — In any event, the landlord should request that the collateral covered by the Waiver exclude the tenant's leasehold interest, sublease revenue, ...(4) Landlord does hereby waive any right to retain or gain possession of any of such equipment or property on the premises during the term of the lease and ... Notice of Removal: The lender should provide written notice to the landlord prior to removal of collateral, and agree to remove the collateral within a defined ... Make sure both parties receive complete signed copies of any revised contract and Addendum. Remember, you need a written agreement to cancel your lease. An oral ... YOU ARE TO BE PROVIDED TEN (10) BUSINESS DAYS TO REVIEW THIS DOCUMENT BEFORE SIGNING ANY CONTRACT OR AGREEMENT OR MAKING ANY PAYMENT TO THE SELLER OR THE ... The form of this agreement often has the landlord waiving its lien rights against the collateral and consenting to the lender's rights to enter the premises and ... The parties to a lease or hiring of residential premises may not waive or modify the requirements ... a title to the leased premises superior to that of the ... Access rights to the leased premises for the lender to remove or auction off (whether through public or private sale) the collateral if necessary. Notice and ... Term or at the signing of this Agreement (“Security Deposit”). The Security. Deposit shall be held in escrow by the Landlord in a separate bank.

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South Dakota Landlord's Waiver - needed to mortgage equipment in leased premises