111.01E

Subordination, Non-Disturbance and Attornment

Requirements

You must use  Form 6415  if:

  • the Material Commercial Lease Material Commercial LeaseLease, sublease, license, concession, grant, or other possessory interest for commercial purposes comprising 5% or more of the Property's annual EGI, or relating to: solar power, thermal power generation, or co-power generation, or the installation of solar panels or any other… contains provisions for the Borrower BorrowerPerson who is the obligor per the Note. to assume liability or other risks as landlord that would be unacceptable to the Lender LenderPerson Fannie Mae approved to sell or service Mortgage Loans.  in case of a Foreclosure Event Foreclosure EventAny of the following: Foreclosure per the Security Instrument; Fannie Mae's exercise of rights and remedies per the Security Instrument or applicable law (including Insolvency Laws) as holder of the Mortgage Loan and/or the Security Instrument, where Fannie Mae (or its designee or nominee),… ; or 
  • the form
    • is necessary for subordination and attornment, or
    • would otherwise be beneficial.

You must ensure that each Material Commercial Lease Material Commercial LeaseLease, sublease, license, concession, grant, or other possessory interest for commercial purposes comprising 5% or more of the Property's annual EGI, or relating to: solar power, thermal power generation, or co-power generation, or the installation of solar panels or any other… (including any renewal or extension):

  • is subordinate to the Lien LienLien, mortgage, bond interest, pledge, security interest, charge, or encumbrance of any kind. of the Security Instrument Security InstrumentInstrument creating a lien or encumbrance on 1 or more Properties and securing the Loan Document obligations. ; and
  • requires the tenant to attorn to the Lender LenderPerson Fannie Mae approved to sell or service Mortgage Loans. under the Mortgage Loan Mortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents, or  a mortgage debt obligation with a Fannie Mae credit enhancement. .