B. Many provisions are absolutely not negotiable. Other terms are often subject to negotiation and the borrower's counsel should be aware of the issues. When loan documents have been prepared it will be difficult to argue the need for major changes.
Lenders are willing to rely on the value of the security.
Lenders have added significant exceptions to non-recourse language in order to discourage borrowers from breaching covenants or engaging in undesirable practices. No unusual termination rights or rent-abatement should be granted to the tenant. D. Requirements for Subordination and Non-Disturbance Agreements 1. Negotiating Subordination and Non Disturbance Agreements is often time-consuming and expensive. Lender does not want to be responsible for prior defaults of Landlord, security deposits or prepaid rents.