Kansas Subordination Provision

State:
Multi-State
Control #:
US-OL20022A
Format:
Word; 
PDF
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Description

This office lease is subject and subordinate to all ground or underlying leases and to all mortgages which may affect the lease or the real property of which demised premises are a part and to all renewals, modifications, consolidations, replacements and extensions of any such underlying leases and mortgages. This clause shall be self-operative.

Kansas Subordination Provision refers to a legal clause that can be found in various financial agreements, such as loan agreements or mortgages, within the state of Kansas. This provision plays a significant role in determining the priority of different liens or claims against a particular property in the event of default or foreclosure. In essence, a subordination provision establishes the hierarchy of creditors or parties who hold a claim on a property. It determines the order in which these claims will be satisfied when the property is sold or foreclosed upon. Specifically, a Kansas Subordination Provision outlines the rights and priorities of different lenders or lien holders based on the timing of their respective claims. There are different types of Kansas Subordination Provisions, which can include: 1. First Lien Subordination: This type of provision typically places the first mortgage or lien on a property in priority over subsequent liens or encumbrances. If the property owner defaults, the first lien holder will have the first right to proceeds from the property's foreclosure or sale. 2. Second Lien Subordination: This provision refers to a subordination agreement where a second mortgage or lien holder voluntarily agrees to maintain a lower priority in the event of default. By doing so, the second lien holder enables the first lien holder to have the priority in claiming proceeds from the sale or foreclosure of the property. 3. Intercreditor Subordination: This type of subordination provision arises when multiple creditors (typically two or more lenders) have liens on the same property. An intercreditor subordination agreement establishes the priority and rights of each creditor vis-à-vis each other regarding the proceeds from the sale or foreclosure of the property. The Kansas Subordination Provision serves to regulate the order of payment to different lien holders during foreclosure or sale, ensuring that the rights of creditors or parties with valid claims are protected. It is important for borrowers, lenders, and parties involved in real estate transactions in Kansas to understand these provisions thoroughly to properly assess their interests and liabilities.

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FAQ

Again, if you're refinancing your first mortgage and the property also has a subordinate mortgage, the refinancing lender will usually handle the process of getting the necessary subordination agreement.

Four types of subordinate clauses are discussed in this feature: concessive, time, place and reason. A subordinate clause is a clause that supports ideas stated in the main clause. Subordinate clauses are also dependent on main clauses and would be otherwise incomprehensible without them.

The Subordinated Lender hereby agrees that all Subordinated Obligations (as defined below) and all of his right, title and interest in and to the Subordinated Obligations shall be subordinate and junior in right of payment to the Senior Lender Loan and all rights of Senior Lender in respect of the Senior Lender Loan, ...

A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.

A subordination agreement adjusts the priority of mortgages. It moves a refinance loan up to the front of the line. A "subordination agreement" is a contract to prioritize one debt over another for repayment. The agreement establishes that one party's claim is superior to another party's interest.

The creditor usually will require the debtor to sign a subordination agreement which ensures they get paid before other creditors, ensuring they are not taking on high risks.

More info

Mar 24, 2023 — A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable. THIS INTERCOMPANY SUBORDINATION AGREEMENT, dated as of August 30, 2010 (as amended, supplemented, amended and restated or otherwise modified from time to time, ...Should you be currently authorized, log in in your profile and then click the Down load key to have the Kansas Subordination Agreement to Include Future ... Mar 31, 2021 — The purpose of a subordination clause is to protect the primary lender. The primary lender covers the cost of purchasing or refinancing a home. Lease Subordination Agreement Kansas Form. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. Follow the instructions below to complete Lease Subordination Agreement - Kansas online easily and quickly: Log in to your account. Log in with your ... A subordination agreement is a formal contract that establishes the legal precedence of one debt over another for the purpose of repayment. A fully-executed original of this Subordination Agreement may be recorded with the Sedgwick County, Kansas, Register of Deeds against the Demised Premises by ... Nov 19, 2021 — In the case of a mortgage, the agreement determines who gets paid first from the sale of the house. This is possible because lenders have liens ... This article does not preclude subordination by agreement by a person entitled to priority. ... in or filling in forms. You can set your browser to block or ...

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Kansas Subordination Provision