A Wake North Carolina Non-Disturbance and Attornment Agreement is a legally binding document often executed in the context of a real estate transaction involving a tenant, landlord, and a third-party lender or mortgagee. This agreement aims to protect the rights and interests of the tenant in the event of a default or foreclosure by the landlord's lender. In a typical scenario, the landlord mortgages the property to obtain financing from a lender. The lender may require the tenant to sign a Non-Disturbance and Attornment Agreement to ensure that they will remain protected even if the landlord defaults on the loan. Key terms and specific clauses differ from one agreement to another, but they generally address some common aspects. The agreement includes a non-disturbance clause that stipulates that the tenant's occupancy rights will not be disrupted or terminated due to any default or foreclosure action taken by the lender against the landlord. This clause provides the tenant with a measure of security and peace of mind, ensuring that they can continue to occupy the premises and fulfill their obligations under the lease agreement, even if the landlord faces financial difficulties. The attornment clause is another critical element in this agreement. It requires the tenant to recognize and acknowledge the lender as the new landlord or their successor-in-interest in the event of foreclosure or transfer of ownership. This clause ensures that the lender can step into the landlord's shoes and assume all rights, responsibilities, and obligations under the lease. The tenant agrees to attorn to the lender and be bound by the terms and conditions of the lease agreement with them, effectively forming a new landlord-tenant relationship. It is essential to note that there may be different types of Wake North Carolina Non-Disturbance and Attornment Agreements, depending on the specific circumstances and parties involved. For instance, variations of this agreement may exist for commercial properties, residential rentals, or even in the context of a sublease, where the tenant acts as both the landlord and sublandlord. The terms in these agreements may vary depending on the type of property, the complexity of the lease structure, or additional negotiated terms between the parties. In summary, a Wake North Carolina Non-Disturbance and Attornment Agreement is a vital legal document that protects the tenant's rights and interests when their landlord faces foreclosure or default. By signing this agreement, the tenant ensures their right to continue occupying the premises and establishes a new landlord-tenant relationship with the lender or the new property owner.