Mark R. Nethers: Lawyer with Kutak Rock LLP

Mark R. Nethers

Scottsdale,  AZ  U.S.A.
Phone(480) 429-4853

Peer Rating
AV® Preeminent

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Practice Areas

  • Secured Transactions
  • Sale-Leaseback Financing
  • Real Estate
  • Workouts and Distressed Assets
  • Acquisitions and Dispositions
  • Commercial Leasing
  • Commercial Lending
  • Real Estate Issues With REITs
University Creighton University, B.S.B.A., 1983
Law SchoolWashington University School of Law, J.D., 1989 Order of the Coif
Admitted1989, Nebraska; 1996, Arizona
BornChillicothe, Ohio, August 31, 1961

Mr. Nethers, Chair of the Scottsdale office's real estate and corporate department, focuses his practice on commercial lending and net lease transactions, as well as loan and lease workouts, restructures and modifications. He has extensive experience in documenting complex, multi-jurisdictional secured lending and lease transactions, including master lease transactions. Mr. Nethers has acted as 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.

• Serving as lead counsel for 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.
• Serving as lead counsel for a finance company in connection with the acquisition and master-leaseback of approximately 180 restaurant properties.
• Serving as lead counsel for 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.
• Serving as lead counsel for a lending institution in implementing bankruptcy court order involving collateral substitution of approximately 30 parcels of real estate and amendment and restatement of approximately 35 individual property leases into a master lease structure.
• Serving as lead counsel for a lending institution in connection with coordinating the implementation of bankruptcy court orders providing for the disposition of more than 1,100 real property locations secured by mortgage and equipment liens in favor of or serviced by the lending institution.


August 18, 2014 2015 Best Lawyers in America Recognizes 56 Kutak Rock Attorneys
Kutak Rock is pleased to announce that 56 of its attorneys are included in the 21st edition of The Best Lawyers in America publication.

August 15, 2013 Record Number of Kutak Rock Attorneys Named Best Lawyers Forty-seven Kutak Rock attorneys reprenting 10 of the firm's 16 offices have been listed in The Best Lawyers in America 2014.

September 7, 2012 Best Lawyers Increase by 50% to 45 attorneys Forty-five Kutak Rock lawyers were recently selected by their peers for inclusion in The Best Lawyers in America 2013.


November 30, 2011 Commercial Finance Update


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#220 in weekly profile views out of 1,972 lawyers in Scottsdale, Arizona
#129,265 in weekly profile views out of 1,568,853 total lawyers Overall

Office Information

Mark R. Nethers

8601 North Scottsdale Road
ScottsdaleAZ 85253-2738


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