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Nondisturbance
clause .
A
nondisturbance clause can relate to either income-producing
properties or mineral rights. An agreement can be added
to a mortgage contract on income-producing properties that
provides for the continuation of leases/rents in the event of
foreclosure of a loan. In cases of mineral rights, an
agreement can be made within a sales contract that will allow
the seller to retain mineral rights, providing the exploration
of the minerals does not interfere with any surface
development.
For
instance, John wishes to lease a property from Barbara,
although he has heard rumor that she may go bankrupt. In
order to guarantee his contract for space, he may choose to
add a nondisturbance clause to his lease which states that his
lease will continue in the event of foreclosure.
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