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Non Disturbance Agreement

Non Disturbance Agreement Template for United States

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Key Requirements PROMPT example:

Non Disturbance Agreement

"Need a Non Disturbance Agreement for our Chicago office space lease starting March 2025, where Wells Fargo is the lender and requires specific insurance provisions and direct rent payment arrangements in case of landlord default."

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Document background
A Non-Disturbance Agreement becomes necessary when a property is both leased to tenants and mortgaged to a lender. This three-party agreement ensures the tenant's rights are preserved if the lender forecloses on the property, while also protecting the lender's security interest. Common in U.S. commercial real estate transactions, it typically includes provisions for attornment (tenant's recognition of new owner) and subordination of the lease to the mortgage. The agreement is particularly important for tenants making significant investments in their leased space or requiring stable, long-term occupancy.
Suggested Sections

1. Parties: Identification of all parties (typically Lender, Landlord, and Tenant)

2. Background: Context of the agreement, including reference to lease and loan documents

3. Definitions: Key terms used throughout the agreement

4. Non-Disturbance Provisions: Core provisions ensuring tenant's continued occupancy

5. Attornment Provisions: Tenant's recognition of lender as successor landlord

6. Governing Law: Applicable jurisdiction and choice of law

Optional Sections

1. Modification Restrictions: Provisions limiting modifications to the lease without lender consent

2. Insurance Requirements: Specific insurance obligations and requirements for all parties

3. Rent Payment Provisions: Provisions for direct rent payments to lender in case of default

Suggested Schedules

1. Schedule A - Lease Agreement: Copy of the original lease being subject to the NDA

2. Schedule B - Property Description: Legal description of the property

3. Schedule C - Mortgage/Security Agreement: Reference to the relevant loan documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Real Property Laws: State-specific real property laws, recording statutes, and property rights and interests legislation that govern real estate transactions and agreements

Contract Laws: State-specific contract laws, Uniform Commercial Code (UCC), and Statute of Frauds requirements that govern the formation and enforcement of contracts

Landlord-Tenant Laws: State-specific landlord-tenant regulations, commercial lease laws, and residential lease laws that govern the relationships between property owners and occupants

Banking and Finance Laws: Banking regulations, state-specific mortgage and security interest laws, and Truth in Lending Act provisions that affect lender relationships and financing arrangements

Bankruptcy Laws: U.S. Bankruptcy Code, automatic stay provisions, and rights of secured creditors that impact property rights and agreements in bankruptcy scenarios

Recording Requirements: State and local recording requirements, notarization requirements, and filing fees and procedures necessary for proper documentation

State-Specific Requirements: State-specific requirements for NDAs, local real estate regulations, and mandatory provisions that vary by jurisdiction

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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