Templates Real Estate SNDA - Subordination, Non-Disturbance, and Attornment Agreement - Alaska
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SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT (SNDA) - ALASKA

RECITALS

  • Landlord and Tenant are parties to that certain Lease dated [DATE], as amended, for premises located at [ADDRESS] (the "Premises").
  • Lender holds a Deed of Trust dated [DATE], recorded [INFO] in the [RECORDING DISTRICT] Recording District, Alaska, encumbering the real property containing the Premises (the "Deed of Trust").
  • The parties enter this SNDA to establish the priority of the Deed of Trust and Lease, protect Tenant's possession if Lender succeeds to Landlord's interest, and confirm Tenant's attornment.

1. DEFINITIONS

  • "Property": The real property described in the Deed of Trust, including the Premises.
  • "Deed of Trust": The Deed of Trust and all renewals, modifications, spreaders, substitutions, and future advances.
  • "Lease": The Lease (with amendments) described above.
  • "Default": A material default under the Lease beyond applicable notice and cure periods.
  • "Successor Landlord": Lender or any purchaser at foreclosure or transferee in lieu of foreclosure.

2. SUBORDINATION

Tenant subordinates the Lease and all rights to the lien, priority, and security interests of the Deed of Trust and to future advances/modifications, provided no modification materially increases Tenant's obligations or decreases Tenant's rights without Tenant's consent.

3. NON-DISTURBANCE

If Successor Landlord acquires the Property and Tenant is not in Default, Tenant's possession and rights under the Lease (including renewal/expansion/options and any unused TI allowance or free-rent concessions committed under the Lease) will not be disturbed, subject to Section 5.

4. ATTORNMENT

Tenant will attorn to Successor Landlord as landlord upon acquisition of title and will continue performing the Lease. Successor Landlord assumes obligations accruing from and after the date it acquires title.

5. SUCCESSOR RIGHTS AND LIMITATIONS

  • Successor Landlord is not liable for: (a) Landlord defaults before acquisition; (b) offsets/claims arising before acquisition (except as required by law); (c) prepaid rent more than one month in advance (except permitted security deposits); or (d) acts/omissions of prior Landlord.
  • Security Deposit: Successor Landlord will recognize any security deposit actually received or credited; Tenant will look solely to prior Landlord for amounts not transferred.
  • Lease changes: Any termination, amendment, or waiver made after this SNDA that materially reduces rent/economics, extends term, increases TI/allowance obligations, or affects remedies is not binding on Successor Landlord without Lender's prior written consent.

6. NOTICE AND CURE

Tenant will send Lender copies of default notices sent to Landlord. Tenant will not exercise remedies until providing Lender [X] days to cure monetary defaults and [Y] days (plus reasonable extensions while diligently curing) for non-monetary defaults.

7. INSURANCE, CASUALTY, AND CONDEMNATION

Insurance and condemnation proceeds are applied per the Deed of Trust. Tenant's abatement/restoration rights remain as stated in the Lease so long as not inconsistent with the Deed of Trust; if inconsistent, the parties will cooperate in good faith to align restoration/abatement with the Deed of Trust and Lease.

8. ESTOPPEL (OPTIONAL)

Tenant certifies: (a) the Lease is in full force; (b) no known uncured landlord defaults; (c) base rent is $[AMOUNT] per [MONTH/YEAR]; (d) security deposit is $[AMOUNT]; (e) remaining free rent/TI allowance: [DETAILS/"NONE"].

9. NOTICES

Notices under this SNDA must be in writing and delivered by personal delivery, reputable overnight courier, or certified mail to:
- Lender: [ADDRESS/EMAIL IF ALLOWED]
- Landlord: [ADDRESS]
- Tenant: [ADDRESS]
(or such other addresses as a party designates in writing).

10. MISCELLANEOUS

  • Governing law: Alaska; venue: [JUDICIAL DISTRICT], Alaska.
  • Entire agreement; amendments in writing signed by all parties.
  • No waiver except in writing; severability of invalid provisions.
  • Recording: This agreement or a short form may be recorded in the [RECORDING DISTRICT] Recording District, Alaska.
  • Counterparts/e-signatures permitted; PDF/fax signatures effective.
  • Binding on and benefiting successors and assigns.

11. SIGNATURES

text
LENDER: ____________________________ LANDLORD: ____________________________
By: _________________________________ By: _________________________________
Name/Title: _________________________ Name/Title: _________________________
Date: ______________________________ Date: ______________________________

TENANT: _____________________________
By: _________________________________
Name/Title: _________________________
Date: ______________________________
[// GUIDANCE: Coordinate with lender forms and title requirements; add lender-required clauses (e.g., self-help, further assurances) if needed. Tailor cure periods, successor limitations, and consent triggers to the specific lease and loan. Alaska uses deeds of trust as the primary security instrument and has recording districts (not counties) for recording purposes.]

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