Bend Oregon Lease Subordination Agreement

State:
Oregon
City:
Bend
Control #:
OR-844LT
Format:
Word; 
Rich Text
Instant download

Description

This Lease Subordination Agreement is a lienholder's lien that was created by a (Mortgage/Deed of Trust) and is subordinated to a mineral/oil/gas lease and lienholder releases, said Leasehold from all liens created by said (Mortgage/Deed of Trust), and all extensions and renewals of such liens. Lienholder retains all rights under the (Mortgage/Deed of Trust) against any royalty interest reserved by the lessor in and payable under the terms of the lease, or any of lessor's reversionary interests on the termination or expiration of the lease.


Subordination means an agreement to put a debt or claim which has priority in a lower position behind another debt, particularly a new loan. A property owner with a loan secured by the property who applies for a second mortgage to make additions or repairs usually must get a subordination of the original loan so the new loan has first priority. A declaration of homestead must always be subordinated to a loan.

A Bend Oregon Lease Subordination Agreement is a legal contract entered into between the landlord (lessor) and the tenant (lessee) that outlines the terms and conditions under which the tenant agrees to subordinate their leasehold interest to a lien placed on the property by a third party. This agreement is commonly used in real estate transactions where the leased property is being refinanced or sold, and the new lender or buyer requires a first lien position. The Bend Oregon Lease Subordination Agreement includes various essential elements, such as the parties involved, the lease being subordinated, the lien holder's information, and the terms of subordination. It specifies that the tenant will allow the lien holder to take priority over their leasehold interest, meaning that in case of foreclosure or default, the lien holder will have the first claim on the property's proceeds. There are different types of Bend Oregon Lease Subordination Agreements, depending on the specific situation and parties involved: 1. Commercial Lease Subordination Agreement: This agreement is used when a commercial property is involved, typically for businesses or office spaces, where the tenant agrees to subordinate their lease to a new lien holder. 2. Residential Lease Subordination Agreement: This type of agreement is used when residential properties, such as apartments, houses, or condos, are being refinanced or sold, and the tenant agrees to subordinate their lease. 3. Single-Tenant Lease Subordination Agreement: In cases where a single tenant occupies the property, this agreement is used to establish the terms of subordination to facilitate a refinancing or sale. 4. Multi-Tenant Lease Subordination Agreement: This agreement is applicable when multiple tenants lease different portions of a property. Each tenant agrees to subordinate their respective leases to the lien holder, accommodating the refinancing or sale of the property as a whole. Bend Oregon Lease Subordination Agreements are crucial documents that help protect the interests of both landlords and tenants in real estate transactions. By understanding and executing these agreements correctly, all parties involved can ensure a smooth and legally compliant process while safeguarding their rights and financial positions.

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FAQ

A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).

A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).

Definition of 'Subordination of Lease' Subordination of lease refers to the tenant's consent to subordinate his or her rights over a property to the rights of the bank holding the mortgage on the property. A subordination of lease agreement is created for this purpose.

Despite its technical-sounding name, the subordination agreement has one simple purpose. It assigns your new mortgage to first lien position, making it possible to refinance with a home equity loan or line of credit. Signing your agreement is a positive step forward in your refinancing journey.

Who Benefits from a Subordination Clause? A subordination clause is meant to protect the interests of the primary lender. A primary mortgage usually covers the cost of purchasing the home; however, if there is a secondary mortgage, the clause ensures that the primary lender retains the number one priority.

In an SNDA, the tenant agrees to subordinate the claim of its leasehold estate in the premises to the lien of the mortgage, and in exchange, the mortgagee agrees that it will not disturb the tenant's use and possession of the premises upon a foreclosure.

We briefly discuss three types of agreements below. An executory subordination agreement is an agreement under which the subordinating party, like the seller of land, agrees to execute a subsequent instrument subordinating his or her security interest to another security interest, like the lien of a construction loan.

Despite its technical-sounding name, the subordination agreement has one simple purpose. It assigns your new mortgage to first lien position, making it possible to refinance with a home equity loan or line of credit. Signing your agreement is a positive step forward in your refinancing journey.

When you take out a mortgage loan, the lender will likely include a subordination clause. Within this clause, the lender essentially states that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender in case you default.

More info

Please see directions for completing this document on the next page. I have attached two examples of Tenant Lender forms as Exhibit "A" and Exhibit "B.The intercreditor and subordination agreement shall be substantially in the form of the attached Exhibit F. As used herein, the "Hotel Obligations". 4 million to complete the North Bend, Oregon and Delaware facilities. Show managers interested in taking part in the seminar are welcomed to attend, as well.

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Bend Oregon Lease Subordination Agreement