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Subordination Agreement Regarding Fixtures,
Including Attachments and Accessions to Collateral
Subordination Agreement (this Agreement ) is made this the __________________
(date) , between ________________________ (Name of Subordinator) ,
of _____________________________________________ (street address, city,
county, state, zip code) , hereinafter called the Subordinator , and
______________________ (name of Bank) , a corporation organized under the laws of
______________________ (name of state) , having its principal place of business at
_____________________________________________ (street address, city, county,
state, zip code) , hereinafter called the Bank.
Whereas, Subordinator is the owner of the real property situated in ______________
(name of county) , ________________________ (name of state) , and described in
Exhibit A attached hereto, and of certain chattels and fixtures attached on or to the
property; and
Whereas, ________________________ (Name of Borrower) , of
_____________________________________________ (street address, city, county,
state, zip code) , hereinafter called the Borrower , is the lessee of the above-described
property and desires to obtain credit or other financial accommodation from Bank, and
Bank is willing to extend such credit or other financial accommodations to Borrower with
security, if Subordinator subordinates _______ (his/her) interests in certain property
described below; and
Whereas, Subordinator is willing to effect such subordination in order to accommodate
Borrower and for Subordinator's own advantage;
Now, therefore, in order to induce Bank at any time to make loans or extend credit to or
for account of Borrower, or to purchase or extend credit on any instrument in respect to
which Borrower may be liable in any capacity, or to grant any renewal or extension of
the same, Subordinator agrees as follows:
I. Subordination of Liens. Subordinator now subordinates all liens, security
interests and rights of any kind, that Subordinator may now have or later acquire in the
property described below, to all security interests of Bank securing any or all loans,
extensions of credit, renewals or extensions to Borrower.
II. Consent to Creation and Continuation of Security Interests. Subordinator
further consents to the creation and continuance of all present and future security
interests of Bank in such property and to the enforcement of the same, including
removal of the property from the real property described above.
III. Description of Personal Property. The personal property above referred to,
and with respect to which the liens, security interests and rights of Subordinator are
subordinated, is described in Exhibit B , together with all attachments, accessories,
accessions, equipment, and repairs to the property, and substitutions and replacements
of the same; which property is now or may later be located on or affixed to the real
property described above.
IV. Parties Bound. This Agreement shall bind and inure to the benefit of Bank and
Subordinator and the respective successors, assigns, heirs and representatives of
each. The covenants and agreements made in this Agreement constitute covenants
running with the land.
Subordinator has executed this Agreement on ________________________ (date) .
__________________________________
(Signature of Subordinator)
________________________
(Printed Name of Subordinator)
Approved and accepted:
________________________
(Name of Bank)
By______________________________
(Signature of Officer of Bank)
________________________
(Printed Name and Title of Office)
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FAQs
Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
A subordination agreement is a legal document that establishes the priority of liens on a property. It is crucial for clarifying which lenders get paid first in the event of a foreclosure. Understanding how a subordination agreement works can help businesses manage their financial obligations effectively.
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