Ohio Subordination by Lessee of Right to Use All or Part of Surface Estate

State:
Multi-State
Control #:
US-OG-140
Format:
Word; 
Rich Text
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Description

If the minerals have been severed from the surface of lands, with the mineral estate, in many states, being the dominate estate, the mineral owner has the right to make use of as much of the surface as is reasonably necessary to develop those minerals. If the minerals have been leased, and the surface owner desires the lessee not to enter on specific lands, the surface owner may obtain a subordination from the mineral lessee to that effect. This form addresses that situation.

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FAQ

The Subordination Clause A subordination is a contractual agreement by the tenant that its leasehold interest in the collateral property, or portion thereof (the subject property of the lease), is subordinate either to the mortgage or to the lien of the mortgage.

Statutory condition is defined in Section 5302.14 of the Revised Code and provides generally that if the mortgagor pays the principal and interest secured by this mortgage, performs the other obligations secured hereby and the conditions of any prior mortgage, pays all the taxes and assessments, maintains insurance ...

Less familiar to laymen and even real estate professionals is Ohio's Statute of Conveyances, which requires deeds, mortgages, land installment contracts and leases with a term in excess of three years to be ?acknowledged? before a notary public (i.e., ?notarized?).

Section 5301.233 | Mortgage may secure unpaid balances of advances made.

The survival statute specifically allows for any claims that would have been available to the decedent had they been alive. The idea that is it would be unjust for those claims to be disallowed and barred simply because the person died.

The primary effect of an SNDA is that the tenant agrees to subordinate its lease to the mortgage in exchange for the lender agreeing not to disturb the tenant if the lender forecloses its superior security interest in the real property.

Agricultural land, pending sale or disposition, shall not be used for any purpose other than agriculture, and the land shall not be used for agriculture under lease to an individual, trust, corporation, partnership, or other business entity subject to the restrictions under division (B)(1) of this section.

A lessor is essentially someone who grants a lease to someone else. As such, a lessor is the owner of an asset that is leased under an agreement to a lessee. The lessee makes a one-time payment or a series of periodic payments to the lessor in return for the use of the asset.

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Ohio Subordination by Lessee of Right to Use All or Part of Surface Estate