Understanding Radius Restrictions in Commercial Leases

By Bruce B. May Radius restrictions are common in commercial leases that include a percentage rent provision, under which a tenant pays a percentage of the revenue generated from its premises in addition to base rent.  Since a landlord does not want the percentage rent generated by the premises diluted…

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A Checklist for Reviewing and Drafting Deeds of Trust

By: Bruce B. May What follows is a checklist of the matters that must or should be addressed in a Deed of Trust to insure that it complies with Arizona law and addresses the larger issues. The list does not purport to be complete. Obviously, there is a host of…

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Small Business Real Estate Series, Part II: Commercial Lease Negotiations

By: David Brnilovich Part I of the Small Business Real Estate Series focused on the due diligence a small business owner should conduct when evaluating commercial locations. Once you have decided on the location that best suits the needs of your business and budget, the next phase is to negotiate…

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Guarantors, Unlike Borrowers, Can Waive Antideficiency Protections

By Kerry A. Hodges Two years ago, in Parkway Bank & Trust Co. v. Zivkovic, the Arizona Court of Appeals held that borrowers cannot prospectively waive Arizona’s antideficiency protections.  In doing so, however, the Court expressly declined to consider whether guarantors receive similar protection. On May 28, 2015, the Arizona…

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