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“It’s All About the Money – Leases as Collateral for Mortgage Loans”

ABA/ACREL 2016 Intermediate Financing Series By Everett S. Ward

Below is an excerpt:

Purchase and sale agreements and transfer closing documents in real estate acquisitions, and loan agreement and mortgages in real estate loans, are the key “big picture” documents for those transactions. Ancillary transaction documents such as rent rolls, estoppel certificates and subordination, non-disturbance and attornment agreements also are important documents in these transactions, both for the due diligence information contained in those documents, as well as for the post-closing protections provided to the various permitted reliance parties under the documents. This paper discusses in some detail various key provisions that should be included in the aforementioned ancillary documents and possible negotiating positions for both providers and recipients of the ancillary documents.