A San Diego California Non-Disturbance, Attornment, Estoppel & Subordination Agreement (ND AESA) is a legally binding agreement that is often used in real estate transactions. It provides protection for tenants, lenders, and landlords in the event of a foreclosure or a change in ownership of the property. This agreement ensures that the rights and obligations of all parties involved remain intact, regardless of any such changes. A Non-Disturbance clause in the agreement guarantees that the tenant's rights to the property will not be disturbed or terminated in the event of a foreclosure or change in ownership. It offers security to the tenant by allowing them to continue occupying and operating their business without interference or eviction. The Attornment clause signifies that the tenant acknowledges the new landlord or owner as their landlord in case of a transfer of ownership. This clause ensures a smooth transition, allowing the new owner to step into the shoes of the former landlord in regard to the tenant's lease and rental payments. An Estoppel clause confirms that the tenant and landlord validate the accuracy and validity of certain statements or representations made during the negotiation process. This prevents either party from later claiming that the agreement was based on false information or misunderstandings. The Subordination clause in this agreement establishes the priority of the tenant's leasehold rights in relation to any present or future mortgage or other financing arrangements. By subordinating their lease, tenants agree that if the property is foreclosed upon, the rights of the lender take precedence over their own leasehold rights. Different types of San Diego California Non-Disturbance, Attornment, Estoppel & Subordination Agreements may vary slightly depending on the specific terms negotiated between the parties involved. However, the core purpose of these agreements remains consistent — to protect the rights and interests of tenants, lenders, and landlords in real estate transactions. In summary, a San Diego California Non-Disturbance, Attornment, Estoppel & Subordination Agreement is a crucial legal document that safeguards the interests of all parties involved in a real estate transaction. It provides security for tenants, ensures a smooth transition for new owners, validates representations made by both parties, and establishes the priority of leasehold rights. Having a well-drafted ND AESA in place can help mitigate potential disputes and ensure a seamless transfer of ownership while protecting the tenant's rights to the property.