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Non disturbance agreement sample

Subordination non disturbance agreement 2025

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The document is a Subordination, Non-Disturbance and Attornment Agreement involving a Tenant, Lender, and Borrower. It outlines the terms under which the Tenant agrees to subordinate their lease to a Deed of Trust securing a loan made by the Lender to the Borrower. The agreement ensures that the Tenant's possession of the leased premises will not be disturbed by the Lender in case of foreclosure, provided the Tenant is not in default. Additionally, it stipulates that the Tenant will attorn to any purchaser at foreclosure as their new landlord and acknowledges that certain rights and obligations remain intact despite changes in ownership.

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Click ‘Get Form’ to open the subordination non disturbance agreement in the editor.
Begin by filling in the date at the top of the document, ensuring it reflects the current date of execution.
In the first section, enter the names and addresses of all parties involved: Tenant, Lender, and Borrower. Make sure to include accurate legal names.
Proceed to fill in the loan amount and details regarding the Deed of Trust as specified in Recitals A and B.
Complete each agreement section by carefully reading through and entering any required information, such as dates for notices or specific terms related to defaults.
Ensure that all parties sign where indicated at the end of the document. Use our platform’s signature feature for convenience.

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What is a subordination and non disturbance agreement?

It outlines the purpose of an SNDA, which is to establish the priority of the lenders mortgage lien over the tenants leasehold interest and to define the parties rights and obligations in the event of a landlord default or foreclosure.

Why does a lender want an SNDA?

An NDA primarily sets out the understanding between the parties concerning their respective rights and obligations to each other if the primary lease terminates because of a tenant default not caused by the subtenant. The subtenant typically requests an NDA during the negotiation of the sublease.

What is a subordination non-disturbance agreement?

SNDA agreements provide security and predictability in commercial real estate and lending. For lenders, SNDA agreements preserve the lenders lien priority and lower the risk of conflict between lease agreements and the deed of trust.

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