Agenda / Content Covered

11:00 am to 6:00 pm Eastern Standard Time

1. Commercial Real Estate Purchase and Sale Agreements
   11:00 - 11:45, Steven J. Vatndal
   
   1. Letters of Intent - Binding and Non-Binding
   2. Identifying Parties, Property and Terms of Sale
   3. Contingencies
   4. Due Diligence
   5. Reps, Warranties and Indemnities
   6. Closing Conditions
   7. Default and Termination
   8. Terms to Survive Closing
   9. Other Provisions
   10. Tax-Saving Strategies: Structuring the Agreement Advantageously
2. Commercial Real Estate Financing and Loan Documentation
   11:45 - 12:15, Michelle M. Suter
   
   1. Financing Options
   2. Loan Documentation: Borrower vs. Lender Perspectives
   3. Personal Guarantees
   4. Provisions You Can - and Should - Negotiate
3. Due Diligence in Commercial Real Estate Transactions
   12:30 - 1:30, Michelle M. Suter
   
   1. Preliminary Considerations and Master Checklist
   2. Title Due Diligence
   3. Title Insurance and Commercial Endorsements
   4. Plat and Legal Descriptions
   5. Restrictions, Covenants, Easements, etc.
   6. Leases and Other Contracts
   7. Confirmation of Reps and Warranties
   8. Environmental Site Assessments
   9. Zoning Due Diligence
4. Closing Commercial Real Estate Transactions
   1:30 - 2:00, Jon S. Robins
   
   1. Dealing with Delays by Third Parties
   2. Closing Checklist
   3. Documentation
   4. Authority Issues - Legal Entities as Buyers and Sellers
   5. Final Closing Process
   6. Post-Closing Procedures
5. Negotiating Commercial Real Estate Leases
   2:30 - 3:30, Steven J. Vatndal
   
   1. Laying Out the Parties, Premises, Term, Rent, etc.
   2. Renewals and Rent Escalation Clauses
   3. Common Areas and Utilities
   4. Use and Exclusive Use
   5. Maintenance and Repairs
   6. Improvement and Alterations
   7. Indemnity and Insurance
   8. Assignments and Subletting
   9. Subordination, Non-Disturbance and Attornment Agreements (SNDAs)
   10. Default Remedies and Other Key Provisions
   11. Sample Lease and Ancillary Documents
6. Commercial Evictions 101
   3:30 - 4:00, Barry I. Mortge
   
   1. Commercial Eviction Process
   2. Collection of Unpaid Rent
   3. Disposition of Tenant's Equipment and Personal Property
7. Foreclosure and Bankruptcy - The Basics You Must Know
   4:15 - 5:00, Michelle M. Suter
   
   1. Commercial Foreclosure Process
   2. Sales of Foreclosed Commercial Properties
   3. Pre-and Post-Foreclosure Title Issues
   4. Impact of Bankruptcy on Contracts, Loans and Leases
   5. Sales of Commercial Property in Bankruptcy
8. Legal Ethics
   5:00 - 6:00, Barry I. Mortge
   
   1. Competence
   2. Safekeeping Property
   3. Conflicts of Interest - Current Clients
   4. Duties to Former Clients
   5. Unauthorized Practice of Law - Multi-State Practice and More

Accreditation Details:

BARRY I. MORTGE is the principal attorney in the Law Office of Barry I. Mortge. He represents both individuals and businesses in commercial litigation matters. Mr. Mortge focuses his litigation practice on real estate related matters, including foreclosure actions and lease disputes. He also litigates mechanics' lien actions and other general contract-related matters. Mr. Mortge has been involved with partnership and shareholder disputes. He has tried numerous cases in both the state and federal courts and has extensive appellate experience. Mr. Mortge is admitted to practice in Georgia and before the Supreme Court of Georgia and Georgia Court of Appeals; the U.S. District Court for the Northern and Central districts of Illinois; and the 7th Circuit Court of Appeals. He is a member of the Federal Trial Bar of the U.S. District Court for the Northern District of Illinois, as well as the Illinois State Bar Association. Mr. Mortge is also of counsel to the firm BeckerGurian, representing its clients involved in litigation matters. He earned his undergraduate degree from Furman University and his Juris Doctorate degree from the Walter F. George School of Law, Mercer University. Mr. Mortge is a member of the Illinois State Bar Association's Committee on Professional Responsibility which authors ethics opinions to be recommended by the ISBA governing body.

JON S. ROBINS is a shareholder based in the Philadelphia office of global law firm Greenberg Traurig, LLP. He handles a broad range of commercial real estate and finance matters on both the national and local level. Those include, but are not exclusive to finance, equity investment, restructurings, purchases and sales, and real estate development activities for clients in the private equity fund, capital market, institutional lender, REIT, hedge fund, developer, owner/operator, corporate, and investor space. For more than two decades, Mr. Robins has represented lenders and equity providers, including conduit lenders, banks, insurance companies, family offices, and private equity funds in diverse matters such as the formation of joint ventures, structuring and making preferred equity investments, the origination, purchase, sale, restructuring and enforcement of mortgage loans; mezzanine and construction loans; subordinate ("B") notes; participation and co-lender interests; and in structuring and negotiating inter-creditor, co-lender, and participation and servicing agreements. In complex and novel structures of mortgage and mezzanine loans, he often represents CMBS lenders and borrowers. Other significant representations include lenders and borrowers in deed-in-lieu and assignment-in-lieu transactions; acquisitions by ground lease, development, leasing, repositioning and disposition of hotels, restaurants, retail centers, multi-family properties, and office buildings on behalf of private equity funds, developers, and institutions; several UCC sales to realize on defaulted mezzanine loan collateral; experience with both acquirers and targets involving the real estate aspects of corporate M&A transactions; and capital providers in receivables financing, factoring and asset-based lending, and in the workout of such transactions. Additionally, Mr. Robins has wide-ranging experience with tenancy-in-common financing as well as financing hospitality properties. In terms of purchase and sale of distressed debt, both buyers and sellers have engaged him, and he regularly advises clients on both strategy and tactics to resolve default situations and enforce remedies. Mr. Robins is a member of the Philadelphia Bar Association. He earned his B.A. degree from Colgate University and his J.D. degree from the University of Cincinnati, College of Law, where he was elected to the Order of the Coif. Mr. Robins is a frequent lecturer on structured equity and loan issues.

MICHELLE M. SUTER is an attorney and founder of Commercial Law Group, P.A., a boutique law firm formed in Leawood, Kansas in 1998. She has more than 25 years of experience in both transactions and litigation involving all aspects of banking, real estate, and business law. Her financial services experience includes all aspects of secured and securitized lending documentation, as well as enforcement plus lender liability defense, Uniform Commercial Code matters, bank fraud, and administrative issues. The foundation of her real estate experience includes serving as a city attorney for five years where she gained valuable experience with tax increment financing and abatements, OSHA, planning and zoning, and general municipal development. Ms. Suter has handled every possible real estate dispute; and has written, negotiated, revised, enforced, and defended all types of real estate related contracts and matters. Her business experience is equally broad in that she counsels the owners from start up through all transactions, growing pains, disputes, and negotiations; and manages risk through to the ultimate transition and sale. In 2017, she formed The Big Brass, Inc., which provides resources for businesses in various areas. Ms. Suter has consistently lectured on matters involving the Uniform Commercial Code, real estate, commercial transactions, and bankruptcy matters. She is a member of the American Bar Association, The Missouri Bar, Kansas City Metropolitan Bar Association, and the Kansas Bar Association (Johnson and Wyandotte counties). Ms. Suter also is a past president and board member of Kansas City CREW, the local chapter of CREW Network, the international professional commercial real estate organization where she continues to serve the CREW Network currently by mentoring other real estate professionals through the national network. She has been consistently named to Super Lawyers and the top 50 female attorneys in Kansas and Missouri. In 2018, she was honored as one of the Kansas City Business Journal’s Women Who Mean Business.

STEVEN J. VATNDAL has been a sole practitioner for more than 10 years in Mankato, Minnesota, practicing in the areas of business, commercial real estate, estate planning, and probate. Within those areas about two-thirds of his work is transactional and one-third is litigation. Previously, Mr. Vatndal was an associate and then partner with Gislason & Hunter, LLP, in their Mankato office; and earlier an associate with de la Mora & de la Mora in a suburb of Milwaukee. Mr. Vatndal earned his B.A. degree, with distinction, at the Morris campus of the University of Minnesota; and his J.D. degree, cum laude, from Marquette University Law School. He is certified by the Minnesota State Bar Association as a real property law specialist, and has presented real estate seminars for the Minnesota State Bar Association's Continuing Legal Education program.