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.
Colorado Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease
Category:
State:
Multi-State
Control #:
US-OG-310
Format:
Word;
Rich Text
Instant download
Description
How to fill out Surface Tenant's Consent For Subordination To An Oil, Gas, And Mineral Lease?
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FAQ
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.
To transfer mineral rights: The grantor's lawyer has to come up with a deed of transfer to the grantee. The grantee accepts the deed of transfer and goes on to register themselves as the new rightful owner at the office of the Colorado State land board.
In Colorado, there is a difference between ownership of the surface rights of the property and ownership of the minerals beneath the property. For example, you may own the surface rights and own a house on the property, but someone else owns the minerals beneath it.
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.
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.
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.
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.
