Borrower, Guarantor, and Sponsor Acknowledgments and Representations
The Borrower (or Co-Borrower), Guarantor (or Co-Guarantor), and Sponsor (or Co-Sponsor) – each of the undersigned – represents to TrustBridge Capital, LLC and any of its associated entities, affiliates, capital partners, funding partners, lending partners, broker partners, service providers, agents, assigns, or successors ("Commercial Lender") and to Commercial Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors, and assigns, and agrees and acknowledges that:
No Representation or Warranty: Neither Commercial Lender nor its agents, brokers, insurers, servicers, successors, or assigns has made any representation or warranty, express or implied, regarding the property or its condition or value.
Loan Security:The loan requested pursuant to this application (the "Loan") will be secured by a mortgage or deed of trust on the property or properties described in this application.
Property Use:The property will not be used for any illegal or prohibited purpose or use.
Purpose of Application:All statements made in this application are made for the purpose of obtaining a commercial mortgage loan.
Occupancy"The property will be occupied or not occupied as indicated in this application.
Retention of Records"Commercial Lender, its servicers, successors, or assigns are given my (our) consent to retain the original and/or an electronic record of this application, whether or not the Loan is approved.
Updates to Information:Commercial Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in this application.
I/we am obligated to amend and/or supplement the information if any material facts change before the Loan closes.
Delinquency Reporting:In the event that my payments on the Loan become delinquent, Commercial Lender, its servicers, successors, or assigns may, in addition to any other rights and remedies, report my name and account information to one or more consumer reporting agencies.
Transfer of Loan Ownership:Ownership of the Loan and/or administration or servicing of the Loan account may be transferred with such notice as required by law.
Electronic and Facsimile Signatures:My transmission of this application as an "electronic record" containing my "electronic signature" or a facsimile transmission containing my signature is as effective, enforceable, and valid as a paper version of this application containing my original written signature.
Accuracy of Information:I represent, covenant, and warrant that the information provided in this application is true and correct.
I acknowledge that any intentional or negligent misrepresentation of the information may result in civil liability, including monetary damages, or criminal penalties under Title 18, U.S. Code, Sec. 1001.
Additional Acknowledgments
Assignment of Loan Opportunity:The Borrower (or Co-Borrower), Guarantor (or Co-Guarantor), and Sponsor (or Co-Sponsor) acknowledge that Commercial Lender may assign, transfer, or hypothecate this Loan opportunity to another lender or funding source. To facilitate this, Commercial Lender may share the information in this application with other lenders and investors.
Verification of Information:Any owner of the Loan, its servicers, successors, or assigns may verify or re-verify any information contained in this application or obtain additional information through any source, including a consumer reporting agency.
Authorization for Checks and Appraisals
By signing this application, I authorize Commercial Lender to:
- Conduct a consumer credit report and verify credit information, including mortgage and landlord references.
- Perform a background investigation and verify criminal and civil records.
- Order an appraisal to determine the property's value and charge me for this appraisal.
Expenses and Non-Refundable Fees:Any expenses incurred (e.g., appraisals, inspections, or third-party review services) are not refundable or reimbursable for any reason by the lender.
Force Majeure:Loan closing is subject to applicable terms and conditions and may be affected by force majeure events.
Appraisal Notice:We will promptly provide you with a copy of the appraisal utilized to evaluate your application in accordance with 12 CFR Part 1002, even if your loan does not close. You may obtain an additional appraisal at your own expense.
Privacy Act Notice:Personal identifying information is collected and stored to determine eligibility as a prospective mortgagor under this program and to verify identities as required by federal law. This information will not be disclosed outside the agency except as required or permitted by law. Providing this information is optional; however, failure to do so may delay or prevent your application from being processed.
Acknowledgment and Agreement
Each of the undersigned represents, covenants, and warrants to TrustBridge Capital, LLC and any of its associated entities, affiliates, capital partners, funding partners, lending partners, broker partners, service providers, agents, assigns, or successors ("Commercial Lender") that:
- The information provided in this application is true and correct as of the date opposite my signature.
- Any intentional or negligent misrepresentation may result in civil liability or criminal penalties, including fines or imprisonment.
- This application authorizes Commercial Lender to perform all verifications, checks, and appraisals listed above.