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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Things to Consider When Doing Business in Arizona: Unique Aspects of Arizona Law – From Cumulative Voting to Blue Pencils, Blind Trusts and Guns at Work

By Richard Lieberman and Bruce B. May Arizona is a great place to do business. It boasts an excellent regulatory environment, envious climate, skilled workers, fair tax rates, good transportation facilities, and a growing pool of consumers. In addition, CNBC ranked Arizona among the top fifteen of its “America’s Top…

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Small Business Real Estate Series – Part I: Commercial Leases

By David Brnilovich Each year, thousands of new entrepreneurs set out to make their dream of being a business owner a reality. Many will be based in their home until the business is large or profitable enough to support the expense of a commercial space. When that time comes, there…

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Commercial Tenants and Subordination, Non-Disturbance and Attornment Agreements

By Bruce B. May In Hans Christian Andersen’s “The Emperor’s New Clothes,” an emperor is left exposed after the fine clothing promised by two weavers turns out to be of no more substance than his own vanity. Subordination, non-disturbance and attornment agreements, also known as SNDAs, can similarly leave a…

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