Mark Nethers Email & Phone Number

High-level experience in commercial lending and net lease transactions, loan and lease workouts, restructures and modifications. Chair of Scottsdale office’s real estate and corporate law department.EMPHASIS: Restaurant and hotel/hospitality finance.EXTENSIVE EXPERIENCE: Documenting complex, multi-jurisdictional secured lending and lease transactions, including construction lending, master leases and build-to-suit leases.Lead counsel to providers of capital in hundreds of transactions involving commercial real estate, including loan and lease documentation, bankruptcy-remote entity structuring, fraudulent conveyance analysis, property and loan and lease portfolio due diligence, title insurance analysis, legal opinion review and analysis and loan sale requirements. REPRESENTATIVE MATTERS (as Lead Counsel): - Counsel to a lending institution in connection with a $200,000,000 mortgage loan secured by 500 real property locations utilizing four pools of bankruptcy-remote borrowers and downstream operating leases.- Counsel to a finance company in connection with the acquisition and master-leaseback of approximately 180 restaurant properties.- Counsel to a lending institution in connection with a $100,000,000 mortgage loan secured by 130 properties involving eight bankruptcy-remote borrowing pools, master leases at the operator level and whole loan sales to three lending institutions.- Counsel to a lending institution in connection with documenting credit facilities for midscale hotel market segment, including term loans and facilities used for property improvement and development.- Counsel to a lending institution in connection with the preparation of form commercial construction loan documents (e.g. applicable disbursement related documents and construction to permanent loan features.). Utilized these forms in documenting 100+ construction loans.- Counsel to property owner to document the conveyance of 1,000+ net leased properties located in the U.S.

Listed skills include Corporate Law, Due Diligence, Real Estate, Commercial Litigation, and 10 others.

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  Partner

  Kutak Rock

  Jun 1989 - Present