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Subordination Agreement (Of Mortgage) Form. This is a New York form and can be use in Real Estate Statewide.
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Tags: Subordination Agreement (Of Mortgage), 8030, New York Statewide, Real Estate
NY 020 - Subordination Agreement (of Mortgage) (NYBTU 8030)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
AGREEMENT, made the
day of
, in the year
BETWEEN
party of the first part, and
party of the second part,
WITNESSETH:
and the bond
WHEREAS, the said party of the first part now owns and holds the following mortgage
or note
secured thereby:
Mortgage dated the
day of
, in the year
made by
to
in the principal sum of $
of Mortgages, page
and recorded in the liber
in the office of the
of section
of the
covering premises hereinafter mentioned or a part thereof, and
WHEREAS,
the present owner of the premises hereinafter mentioned is about to execute and deliver to said party of the
second part, a mortgage to secure the principal sum of
dollars
and interest, covering premises
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and more fully described in said mortgage, and
WHEREAS, said party of the second part has refused to accept said mortgage
unless said mortgage
held by the party of the first part be subordinated in the manner
hereinafter mentioned,
NOW THEREFORE, in consideration of the premises and to induce said party of the second part to accept said
mortgage
and also in consideration of one dollar paid to the party of the first part, the receipt whereof
is hereby acknowledged, the said party of the first part hereby covenants and agrees with said party of the second part that said
mortgage
held by said party of the first part be and shall continue to be subject and subordinate in lien to the lien of said
mortgage
for
dollars and interest about to be delivered to the party of
the second part hereto, and to all advances heretofore made or which hereafter may be made thereon (including but not limited to
all sums advanced for the purpose of paying brokerage commissions, consideration paid for making the loan, mortgage
recording tax, documentary stamps, fee for examination of title, surveys, and any other disbursements and charges in connection
therewith) to the extent of the last mentioned amount and interest, and all such advances may be made without notice to the party
of the first part, and to any
extensions, renewals and modifications thereof.
This agreement may not be changed or terminated orally. This agreement shall bind and enure to the benefit of the
parties hereto, their respective heirs, personal representatives, successors and assigns. The word “party’ shall be construed as if it
read ‘parties” whenever the sense of this agreement so requires.
IN WITNESS WHEREOF, the said party of the first part has duly executed this agreement the day and year first above written.
IN PRESENCE OF:
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USE ACKNOWLEDGMENT FORM BELOW WITHIN NEW YORK STATE ONLY:
State of New York, County of
} ss.:
On the
day of
before me, the undersigned, personally appeared
in the year
,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
USE ACKNOWLEDGMENT FORM BELOW WITHIN NEW YORK STATE ONLY:
State of New York, County of
} ss.:
On the
day of
before me, the undersigned, personally appeared
in the year
,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
ACKNOWLEDGMENT FORM FOR USE WITHIN NEW YORK STATE ONLY:
{New York Subscribing Witness Acknowledgment Certificate}
STATE OF NEW YORK, COUNTY OF
On the
day of
before me, the undersigned, personally appeared
} ss.:
in the year
,
the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did
depose and say that he/she/they reside(s) in
(if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s)
to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw
said
execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto.
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ACKNOWLEDGMENT FORM FOR USE OUTSIDE NEW YORK STATE ONLY:
{Out of State or Foreign General Acknowledgment Certificate}
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . } ss.:
(Complete Venue with State, Country, Province or Municipality)
On the
day of
before me, the undersigned, personally appeared
in the year
,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), that by his/her/ their signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual
made such appearance before the undersigned in the
(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken).
SUBORDINATION AGREEMENT
OF MORTGAGE
TITLE NO.
DISTRICT
SECTION
BLOCK
LOT
COUNTY OR TOWN
TO
RECORDED AT REQUEST OF
Fidelity National Title Insurance Company
RETURN BY MAIL TO
FIDELITY NATIONAL TITLE
INSURANCE COMPANY
INCORPORATED 1928
RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
Member New York State Land Title Association
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