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EILEEN E. SOMMER
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Eileen E. Sommer (formerly Eileen E. Scherlen) has 27 years of legal experience, focusing her practice on commercial real estate transactions, commercial financing transactions and general business transactions. She is Board Certified by the Texas Board of Legal Specialization in the area of Commercial Real Estate.
A native of San Antonio, Texas, Ms. Sommer graduated under the Plan II Program from the University of Texas in Austin in 1978 (B.A., high honors) and remained in Austin to obtain her law degree from the University of Texas School of Law in December, 1980 (with honors). She joined the firm of Jackson Walker L.L.P. in Dallas, Texas in the spring of 1981 and remained with that firm until 2007, spending the first ten years of her career in Dallas. In July of 1991 she relocated to San Antonio to open a new office for that firm. Ms. Sommer co-founded the firm of King & Sommer, LLP in August of 2007.
Over her 26 years of legal practice, Ms. Sommer has developed extensive experience representing local, state and national clients in the documentation and negotiation of commercial financing transactions of all types, including structured financing, the exercise of loan security remedies, and the acquisition, financing, development, sale and leasing of commercial real estate. She also counsels on questions of usury and the rendering of legal opinions in commercial loan transactions.
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In addition to serving as counsel throughout the State of Texas, Ms. Sommer handles matters for clients outside of Texas as well. These matters have included financing transactions (variously as lender’s or borrower’s counsel) in Kansas, Iowa, Indiana, Ohio, New York, Arkansas, Tennessee, South Carolina, Louisiana, Mississippi, Florida and Mexico and purchase and sale transactions involving multifamily, restaurant and commercial properties in New Mexico, Oklahoma, Missouri, Iowa, Mississippi and Florida.
Ms. Sommer has been rated by her peers with the Martindale-Hubbell “AV” rating, the highest rating for both skill and integrity. |
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Recent Representative Transactions:
Financing Transactions
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Representation of the lender in financing the acquisition and development of land for retail and other commercial uses
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Representation of the lender in financing the construction of a high-rise condominium project in San Antonio, Texas
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Representation of the borrower in the restructure of HUD-insured financing under HUD’s Mark-to-Market loan restructure program
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Representation of a publicly-traded oil and gas development company, and its affiliates, in the negotiation of its senior secured credit facility
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Representation of the Mexican borrower in the cross-border securitization of U.S. check payment rights
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Representation of the lender in a revolving credit facility secured by publicly traded securities
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Representation of the administrative agent in a revolving credit and term loan facility to a San Antonio commercial construction contracting company
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Representation of a San Antonio commercial construction contracting company in an aircraft financing and affiliate revolving credit facility
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Representation of the lender in multifamily and student housing construction loans
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Representation of the borrower in the financing of multi-family properties originated for sale by the lender to Fannie Mae
Real Estate - Purchase and Sale Transactions
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Representation of the purchaser of a retail shopping center in San Antonio, Texas
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Representation of the purchaser in the acquisition of 24 acres of industrial land located on the Houston Ship Channel
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Representation of the seller of south central Texas industrial sites related to concrete ready-mix production and supply
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Representation of the purchaser of properties located in Eagle Pass and Laredo, Texas, including the acquisition of a health club business
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Representation of various sellers of multi-family properties located in San Antonio and throughout Texas
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Representation of the purchaser of ranch property located in south central Texas
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Representation of the purchaser in two potential acquisitions of property for the construction of a medical office facility, including negotiations incident to contract termination. Real Estate - Leasing (Landlord and Tenant)
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Texas counsel to an international real estate investment trust regarding its apartment lease forms and consultation on compliance with Texas law concerning landlord/tenant issues
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Representation of the landlord in the negotiation of industrial ground leases for the construction and/or operation of concrete ready-mix plants
Real Estate - Property Agreements
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Representation of a national truck rental company in connection with boundary line agreements concerning a south central Texas store location
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Representation of a lessor in the preparation and negotiation of ingress and egress easements
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Representation of the purchaser of components of a power station equipment in the negotiation of easements to permit the respective owners of other components of the power station to the use of the land and each other’s components in tandem for the full operation of the power station
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Representation of the owner of an apartment project in connection with the relocation of an easement incident to the development of a neighboring tract
Local Counsel Representation
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Representation of the borrower as special Texas counsel in the securing of financing with telecommunications towers, owned and leased, located in Texas, and the rendering of a legal opinion regarding Texas law matters
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Representation of the lender as special Texas counsel in the financing of time-share seller receivables related to a South Padre Island resort property
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Representation of the lender as special Texas counsel to out-of-state lead counsel in the drafting and review of Texas mortgages and consultation on related Texas legal issues
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Representation of the seller as special Texas counsel to out-of-state lead counsel in various property acquisitions and sales throughout the state of Texas |
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Memberships, Community Involvement and Service
Ms. Sommer is a member and past-president of CREW-San Antonio, a member and former director of the San Antonio Women’s Chamber and a member of the Texas Association of Bank Counsel. In 2008 she will chair the committee of CREW – San Antonio which will present CREW-Careers, in partnership with Girls, Inc., a career day for high school girls focusing on careers in various fields related to commercial real estate.
Ms. Sommer is also a member of the American Bar Association, the College of the State Bar of Texas and the Legal Opinions Committee of the Business Law Section of the State Bar of Texas.
Publications / Speaking Engagements
Ms. Sommer has been a speaker on the following subjects:
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“The Legal Opinion in Loan Transactions – The Role of the Opinion Recipient and its Counsel - Working Within Customary Practice” (March 23, 2007, Financial Services Roundtable presented by the Association for Corporate Counsel (ACC)) (State Bar CLE accredited)
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“Construction Financing and the Construction Contractor’s Consent and Subordination Agreement – Not Just Boilerplate … The Contractor’s Perspective” (October 6, 2006, presented to the in-house legal staff of Zachry Construction Company) (State Bar CLE accredited)
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“The Ground Lease – An Alternative to Purchase and Sale” (June, 2006, presented to the real estate department of Valero Energy Corporation) (State Bar CLE accredited)
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“Crime on Leased Premises – Responsibilities of the Landlord, the Landlord’s Property Manager and its Leasing Agents” (presented to CREW-San Antonio, August 2000)
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“The Attorney’s Role in Real Estate Transactions and Closings” (University of Houston Law Foundation seminar on Real Estate Documents, Workouts and Closing, held in Dallas and Houston, Texas in June, 2000) (State Bar CLE accredited)
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“75th Legislative Session Usury Reform, HB 1971, A Comparison of Subtitle 1 of Title 79, As Amended, to the Provisions of Chapter 1 (Repealed Thereby) Effective September 1, 1997” (presented in-house, August, 1997) (State Bar CLE accredited)
Publications include:
· “Mandatory Renter’s Insurance Worth Landlord’s Consideration,” published by the San Antonio Business Journal, July 28, 2006 (co-authored with Josh Davin Morton).
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Personal
Ms. Sommer enjoys trips to the Texas Hill Country and Door County, Wisconsin to take in nature and enjoy a simpler life. She is married to Richard H. Sommer and has three children. Her eldest, Robert, is a 2006 graduate of the University of Southern California and working in Nebraska as a TV news reporter. Her twins are two years old and attend Montessori preschool. |
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