A Deed Of Trust Subordination Agreement becomes necessary when a property owner seeks additional financing while maintaining existing loan relationships. This document is particularly crucial in the United States real estate market where multiple lenders may have security interests in the same property. The agreement explicitly establishes the priority of claims, protecting the interests of the senior lender while enabling the property owner to obtain additional financing. It must be properly executed and recorded in accordance with state and local requirements, typically including detailed property descriptions, loan terms, and the specific terms of subordination.
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1. Parties: Identification of all parties involved: Senior Lender, Junior Lender, and Property Owner
2. Background: Description of existing loans and reason for subordination
3. Definitions: Key terms used throughout the agreement
4. Property Description: Legal description of the property subject to subordination
5. Subordination Terms: Specific terms of the subordination arrangement
6. Representations and Warranties: Statements of fact by the parties
7. Execution: Signature blocks and notarization
1. Conditions Precedent: Conditions that must be met before subordination becomes effective
2. Notice Provisions: Requirements for communication between parties
3. Default Provisions: Consequences of default under either loan
1. Schedule A - Property Description: Detailed legal description of the property
2. Schedule B - Senior Loan Documents: List and copies of senior loan documents
3. Schedule C - Junior Loan Documents: List and copies of junior loan documents
4. Exhibit A - Loan Terms: Summary of key terms of both loans
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