Arkansas Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease

State:
Multi-State
Control #:
US-OG-310
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Word; 
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Description

This form is used when a Tenant is the lessee under a (Surface Lease, Agricultural Lease, Grazing Lease, etc.) which covers all or a portion of the Land and the Operator, the owner of the Lease and the Lessee, desires that the Tenant subordinate the Tenant's rights to the leasehold estate and rights created by the Lease.

Arkansas Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease is a legal document that outlines the agreement between a surface tenant and an oil, gas, and mineral leaseholder in Arkansas. This document is crucial in defining the terms and conditions under which the surface tenant consents to subordinate their rights to the leaseholder's interests in the mineral resources. The Arkansas Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease serves as a protective mechanism for both parties involved. It ensures that the rights and interests of the surface tenant and the leaseholder are clearly defined and understood. By subordinating their rights, the surface tenant agrees to allow the leaseholder to explore, extract, and exploit the minerals located on the property. The contents of this consent may vary depending on the specific circumstances and terms agreed upon between the surface tenant and the leaseholder. However, some common elements typically included are: 1. Parties Involved: The document identifies the surface tenant and the leaseholder, including their legal names, addresses, and contact information. 2. Property Details: Detailed information about the property, such as its physical location, legal description, and any encumbrances or liens on the property, is provided. 3. Grant of Subordination: This section states that the surface tenant consents to subordinate their rights and interests in the property to the leaseholder's rights to extract and exploit minerals. It outlines the specific terms and conditions under which this subordination is granted. 4. Access and Operations: This section typically defines the access rights and privileges the leaseholder will have on the property. It may cover aspects such as drilling, exploration, construction of wells, and other necessary operations. Any terms regarding compensation for surface damages or environmental protections may also be included. 5. Term and Termination: The duration of the subordination agreement is addressed, including any provisions for renewal or termination of the consent. It may also cover any conditions for early termination or breach of the agreement by either party. It's important to note that there might be various types of Arkansas Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease, as the specific terms and conditions can vary depending on factors such as the extent of mineral rights involved, surface tenant requirements, and industry practices. Examples of possible variations include agreements tailored to specific minerals like oil, gas, coal, or others, as well as agreements that address unique circumstances like joint ventures or shared-use agreements. Overall, the Arkansas Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease provides a structured framework to protect the interests of both the surface tenant and the leaseholder. It facilitates the exploration, extraction, and exploitation of valuable minerals while ensuring that the surface tenant's rights and property are adequately addressed and compensated.

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FAQ

Subordination Agreements ? Oil and Gas Leasing This arrangement allows the oil and gas company to continue producing from their wells without interruption and the mortgage company to keep receiving payments, even if the landowner defaults on the mortgage.

A subordination agreement is one where the lending party agrees to assign the pre-existing lien a lower priority to a subsequent oil and gas lease. As a result, it is as if the lease had been executed and recorded prior to the lien.

A subordination agreement establishes one debt as ranking behind another in priority for collecting repayment should a debtor default. Considered to be a type of subordinated debt, junior debt has a lower priority for repayment than other debt claims in the case of default.

Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

A common industry standard for primary term is three to five years, although depending on circumstances, terms of less than three years are not uncommon. This window of time is intended to allow a Lessee to explore for mineral resources before the leased mineral rights transfer back to the mineral owner.

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This form is used when a Tenant is the lessee under a (Surface Lease, Agricultural Lease, Grazing Lease, etc.) which covers all or a portion of the Land and ... by CA Morgan · Cited by 2 — minerals without the other co-tenant's consent. Fife v. Thompson,. 288 Ark ... Lessor owns both the surface and mineral estate in the lands covered by this Lease.Our editor is very easy to use and efficient. Give it a try now! be ready to get more. Complete this form in 5 minutes or less. We recommend that you attempt to secure a Tenant's Consent Agreement from any such person, particularly if their use and occupancy of the land began before the. Surface Lease Agreement (For Production Equipment and Facilities) · Surface Tenants Consent and Subordination (To Oil and Gas Lease) · Surface Use Agreement ... Apr 20, 2023 — This is why some oil and gas companies may require a subordination agreement from the lender when leasing fee simple minerals with a mortgage. Lessor Oil and Gas Lease Form and Geophysical Option Agreements - The Royalty Owner Forms Program provides lease forms that are intended for use by a mineral ... The mineral lease is a legal binding contract between the mineral owner (Lessor) and an individual or company (Lessee), which allows for the exploration and ... by DF Butler · 2008 — What happens to your lease if the bank refuses to execute a subordination agreement? ... oil and gas leases and all mineral reservations exiting as of the date. A. Any person interested in securing a lease for oil, gas, or other mineral resources on Commission lands shall file a written application made upon forms.

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Arkansas Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease