Illinois Lease Subordination Agreement

State:
Illinois
Control #:
IL-844LT
Format:
Word; 
Rich Text
Instant download

What is this form?

This Lease Subordination Agreement establishes a legal arrangement in which a lienholder's interest is placed behind that of a mineral, oil, or gas lease. It is specifically designed to release the leasehold from any liens associated with a mortgage or deed of trust, allowing the lease to take precedence. This form is essential for property owners seeking to prioritize new financing options while maintaining their lease agreements on mineral rights.

Main sections of this form

  • Identification of the parties involved: lessor, lienholder, and lessee.
  • Effective date of the subordination agreement.
  • Description of the lands covered by the mortgage or deed of trust.
  • Details regarding the oil and gas lease.
  • Specific clauses regarding the subordination of liens and rights retained by the lienholder.
  • Signature section for the lienholder.

Common use cases

This form is typically used when a property owner has an existing mortgage or deed of trust and wants to enter into a new oil and gas lease. It is required to ensure that the new lease takes priority over the existing loan, which is crucial for securing additional financing for property enhancements or other investments. Additionally, it may be necessary for entities involved in mineral extraction to establish clear rights in case of financial disputes.

Who this form is for

  • Property owners (lessors) who want to lease mineral rights on their land.
  • Financial institutions or lienholders who need to subordinate their interests.
  • Lessees seeking to secure oil and gas leases without lien conflicts.
  • Anyone involved in negotiating leases or financial agreements concerning mineral rights.

Completing this form step by step

  • Identify and enter the names of the parties involved: lessor, lienholder, and lessee.
  • Specify the location of the property, including the county and state.
  • Provide the effective date and details of any mortgages or deeds of trust.
  • Include a description of the lands covered by the lease.
  • Finalize by signing the agreement as the lienholder.

Does this form need to be notarized?

This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.

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We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Failing to include all necessary details about the parties involved.
  • Not providing a clear description of the lands affected.
  • Forgetting to include the effective date of the agreement.
  • Omitting the lienholder's signature during execution.

Benefits of using this form online

  • Immediate access to professionally drafted templates by licensed attorneys.
  • Easy to download and fill out from any device.
  • Convenient editing options tailored to your specific situation.
  • Time-saving compared to traditional legal processes.

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FAQ

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

Subordination is the tenant's agreement that its interest under the lease will be subordinate to that of the lender.Attornment is the tenant's agreement to become the tenant of someone other than the original landlord and who has now taken title to the property.

A Subordination and Non-Disturbance Agreement (SNDA) commonly called a non-disturb is an agreement that your landlord asks its lender to provide. The agreement basically says that if the building goes bankrupt and the lender takes control of the building from the landlord, the lender will honor your lease.

A rental agreement will be void and unenforceable if it allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property if it does not also include the new domestic abuse protection language set forth in sec. 704.

A Subordination and Non-Disturbance Agreement (SNDA) commonly called a non-disturb is an agreement that your landlord asks its lender to provide. The agreement basically says that if the building goes bankrupt and the lender takes control of the building from the landlord, the lender will honor your lease.

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.

Subordination clauses in mortgages refer to the portion of your agreement with the mortgage company that says their lien takes precedence over any other liens you may have on your property.However, it's also possible to have other liens. You might have some placed by contractors until work is paid off.

A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances.A nondisturbance clause ensures that a tenant will not be evicted in the event that the landlord goes bankrupt.

Leases can always be ended by mutual agreement Before Illinois tenants involve the court system in trying to break a lease, the best move may be to simply speak to the landlord. While leases are binding contracts, they can be dissolved at any time by mutual agreement of the parties.

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Illinois Lease Subordination Agreement