Land Subordination Agreements are essential in U.S. real estate transactions where multiple liens exist on a property and their priority needs to be reorganized. This document becomes necessary when refinancing, obtaining additional financing, or restructuring existing debt. The Land Subordination Agreement must detail the property description, existing liens, and the new priority arrangement. It requires compliance with state-specific recording requirements and often involves title insurance considerations. The agreement is particularly common in commercial real estate development and refinancing situations where multiple lenders are involved.
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1. Parties: Identification of all parties involved, including senior and junior lienholders
2. Background: Context of the existing liens and reason for subordination
3. Definitions: Key terms used throughout the agreement
4. Property Description: Legal description of the subject property
5. Subordination Terms: Specific terms of the subordination arrangement
6. Representations and Warranties: Statements of fact by the parties
7. Execution: Signature blocks and notarization requirements
1. Conditions Precedent: Conditions that must be met before subordination becomes effective
2. Default Provisions: Consequences of breach and specific remedies available to parties
3. Insurance Requirements: Specific insurance obligations and coverage requirements
1. Schedule A - Property Description: Detailed legal description of the property
2. Schedule B - Existing Liens: List of all existing liens and their current priority
3. Schedule C - Loan Documents: References to relevant loan agreements and security documents
4. Appendix 1 - Title Report: Current title report showing existing encumbrances
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