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Real Estate Subordination Agreement
"Need a Real Estate Subordination Agreement for a commercial property in Miami, where ABC Bank will take a secondary position to XYZ Credit Union's existing $2.5M mortgage, to be executed by March 2025; property is a retail complex with existing tenants."
1. Parties: Identification of all parties: Senior Lender, Junior Lender, and Property Owner
2. Background: Description of existing loans, their recording information, and purpose of subordination
3. Definitions: Key terms including Senior Debt, Junior Debt, Property, Security Instruments
4. Subordination Terms: Core agreement terms establishing new lien priority
5. Representations and Warranties: Statements of fact by all parties regarding their authority and loan status
6. Notice Provisions: Requirements for communication between parties
7. Execution: Signature blocks and notary acknowledgments
1. Cross-Default Provisions: Optional terms regarding default on one loan affecting the other - used when parties want defaults to trigger across loans
2. Modification Restrictions: Optional limitations on changing loan terms - used when senior lender wants to restrict junior loan modifications
3. Insurance and Condemnation Proceeds: Optional provisions for distribution of insurance or condemnation payments - used when specific allocation of proceeds is desired
1. Schedule A - Property Description: Legal description of the subject property
2. Schedule B - Senior Loan Documents: List of senior loan documents being subordinated to
3. Schedule C - Junior Loan Documents: List of junior loan documents being subordinated
4. Schedule D - Recording Information: Details of previous recordings affecting the property
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