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Columbus
Subordination...

Columbus Ohio Subordination, Non-Disturbance, and Attornment Agreement of a Lease regarding a Commercial Loan

Category:

Loans and Lending

State:

Multi-State

City:

Columbus

Control #:

US-1176BG

Format:

Word;

Rich Text

Instant download

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Description

The main purpose of this document is to subordinate the lease to the deed of trust or mortgage (if applicable), and have the tenant agree to be bound by the lease to a new owner in the event of foreclosure.

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Interesting Questions

Is it typical for all commercial leases to include an SNDA?

While it’s not mandatory, it's quite common for commercial leases to include an SNDA. It’s a wise move to ask for one to safeguard your business interests in case of landlord changes.

What happens if I don’t sign the SNDA?

If you don’t sign the SNDA, you may be exposing yourself to risks. The lender may not recognize your lease, and you could be at the mercy of new ownership without any guarantees.

Can I negotiate the terms of an SNDA?

Absolutely! Negotiating the terms is common practice. You should discuss specific clauses that ensure your rights and obligations are clearly defined to protect your interests.

Why is attornment important for my business?

Attornment is where you agree to recognize a new owner of the property as your landlord if the original landlord sells the property. This ensures stability for your business even during ownership changes.

How does subordination affect my lease agreement?

Subordination means that your lease will take second place to the lender's mortgage. If the lender needs to take over the property, they would step into your shoes but must still honor your lease terms.

How can I negotiate the terms of an SNDA?

You can discuss key terms with your landlord or their attorney, ensuring your interests are represented, particularly around non-disturbance provisions.