"Subordination Nondisturbance and Attorney Agreement Form and Alternative Provisions" is a American Lawyer Media form. This form is for subordination nondisturbance and attorney agreement form and alternative provisions.
The Pennsylvania Subordination Nondisturbance and Attorney Agreement (SODA) form is a legal document that outlines the rights and responsibilities of parties involved in a property lease, typically between a tenant, landlord, and a lender. The purpose of the SODA is to protect the interests of both the tenant and lender in the event of a foreclosure or sale of the leased property. The SODA typically consists of three key provisions that address subordination, nondisturbance, and attorney agreement: 1. Subordination: This provision establishes the priority of the lender's lien on the leased property in relation to the tenant's leasehold interest. It specifies that the tenant's rights are subordinate to the lender's rights, meaning that if the lender forecloses on the property, the tenant's leasehold interest is subordinate to the lender's mortgage. This provision protects the lender's ability to sell or transfer the property without liability to the tenant. 2. Nondisturbance: The nondisturbance provision ensures that the tenant's rights under the lease will not be disturbed by the lender in the event of foreclosure or sale. It guarantees that as long as the tenant is not in default of the lease terms, the lender will allow the tenant to continue occupying the leased premises. This provision provides the tenant with a measure of security and allows them to maintain their business operations without interruption or eviction. 3. Attorney Agreement: The attorney agreement provision states that all parties involved in the SODA will bear their own legal expenses and that they have consulted with their individual attorneys regarding the terms and implications of the agreement. This provision ensures that each party seeks legal counsel and understands their rights and obligations outlined in the SODA. It's important to note that there may be variations of the Pennsylvania SODA form and alternative provisions that can be added based on the specific circumstances or requirements of the parties involved. These variations may include additional clauses addressing matters such as rent payments during foreclosure, notice requirements, or limitations on the lender's remedies. However, the three key provisions mentioned above (subordination, nondisturbance, and attorney agreement) are typically included in most Pennsylvania Sodas to protect the rights and interests of tenants and lenders in lease agreements.
