The Attornment And Non Disturbance Agreement is a crucial document in Philippine real estate financing and leasing arrangements, typically used when a property owner seeks to mortgage a property that is already leased to tenants or plans to lease a mortgaged property. The agreement serves multiple purposes: it protects tenants from losing their lease rights if the lender forecloses on the property, commits the lender to honor the lease terms, and ensures the tenant will recognize the lender as their new landlord in case of foreclosure. This tripartite agreement is particularly important in the Philippine context, where it helps facilitate commercial property financing while providing security for all parties involved. The document must comply with Philippine property laws, banking regulations, and the Civil Code, particularly in relation to real estate transactions and security interests.
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1. Parties: Identifies all parties to the agreement: typically the Landlord, Tenant, and Lender/Mortgagee
2. Background: Recitals explaining the lease arrangement, mortgage/security interest, and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including Property, Lease, Mortgage, and Security Documents
4. Acknowledgment of Lease: Confirmation of the existing lease terms and tenant's possession rights
5. Attornment: Tenant's agreement to recognize the lender as landlord upon enforcement of security
6. Non-Disturbance: Lender's commitment not to disturb tenant's possession rights upon foreclosure
7. Landlord's Consent: Landlord's agreement to the attornment and non-disturbance arrangements
8. Priority of Mortgage: Confirmation of the priority of the mortgage over the lease
9. Notice Requirements: Procedures for serving notices between parties
10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and relevant jurisdiction
11. Execution: Signature blocks and execution formalities
1. Rent Payment Provisions: Used when specific arrangements for rent payment to lender need to be established post-enforcement
2. Insurance and Casualty: Include when specific insurance arrangements need to be coordinated between all parties
3. Assignment and Subletting: Include when there are specific restrictions or permissions regarding assignment or subletting
4. Modifications to Lease: Include when certain lease modifications require lender consent
5. Estoppel Provisions: Include when parties need to certify certain facts about the lease arrangement
6. Remedies: Include when specific remedies need to be outlined for breach of the agreement
7. Registration Requirements: Include when the agreement needs to be registered with Philippine authorities
1. Schedule A - Property Description: Legal description of the property including lot numbers, boundaries, and title details
2. Schedule B - Lease Details: Key terms of the lease including date, parties, and essential provisions
3. Schedule C - Mortgage Details: Details of the mortgage or security interest including registration information
4. Schedule D - Permitted Use: Description of permitted use of the property under the lease
5. Appendix 1 - Property Plans: Floor plans or site plans of the leased premises
6. Appendix 2 - Special Conditions: Any special conditions or requirements specific to the property or arrangement
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