The Borrower (or Co-Borrowers) and Guarantor (or Co-Guarantors) – each of the undersigned – represents to TrustBridge Capital, LLC (“Lender”) and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, capital partners, funding partner, lender when brokering, other lenders, successors and assigns and agrees and acknowledges that: (1) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding theproperty or the condition or value of the property (2) the loan requested pursuant to this application (the “Loan”) will be secured by a mortgage or deed oftrust on the property or properties described in this application; (3) the property will not be used for any illegal or prohibited purpose or use; (4) allstatements made in this application are made for the purpose of obtaining a commercial mortgage loan; (5) the property will be occupied or not occupied asindicated in this application; (6) the Lender, its servicers, successors or assigns are given my (our) consent to retain the original and/or an electronic record ofthis application, whether or not the Loan is approved; (7) the Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuouslyrely on the informa-tion contained in the application, and I am obligated to and agree to amend and/or supplement the information provided in thisapplication if any of the ma-terial facts that I have represented herein should change prior to closing of the Loan; (8) I understand and acknowledge that, inthe event that my payments on the Loan become delinquent, the Lender, its servicers, successors or assigns may, in addition to any other rights andremedies that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies; (9) Iunderstand and acknowledge that ownership of the Loan and/or administration or servicing of the Loan account may be transferred with such notice as maybe required by law; (10) my transmission of this application as an "electronic record" containing my "electronic signature," as those terms are defined inapplicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application containing a facsimile of mysignature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing my original written signature pursuantto applicable law; and (11) I further represent, covenant, and warrant that the information provided in this application is true and correct as of the date setforth opposite my signature and that any intentional or neg-ligent misrepresentation of the information in this application may result in civil liability,including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application.
Each of the undersigned acknowledges and agrees that Lender may assign, transfer or hypothecate this Loan opportunity to another lender or funding source andto that end, share the information in this application with other lenders and investors in furtherance of closing the requested Loan. Each of the undersignedhereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verify or re-verify any information contained in this application orobtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or aconsumer reporting agency.Each of the undersigned understands that by signing this application, hereby authorizes the Lender, or its assigns to conduct (1) a consumer credit report andverify other credit information, including past and present mortgage and landlord references; (2) a background investigation report and verify both criminaland civil records. It is understood that a copy of this form will also serve as authorization by me allowing the Commercial Lender to conduct these checks; and(3) order an appraisal to determine the property's value and charge you for this appraisal. The information the Lender obtains is only to be used in conjunctionwith application for the Loan, or for the collection of an account on a closed loan.
I further understand that any expenses incurred by me or others in pursuit of this Loan, whether paid to Lender or a third party, is not refundable or reimburs able for any reason by Lender, including without limitation, appraisals, inspections, or any third-party review services. The closing of a Loan is subject to all applicable terms and conditions, and subject at all times to force majeure events.
Appraisal Notice: We will promptly give you a copy of the appraisal utilized to evaluate the Application in accordance with 12 CFR Part 1002, even if your loan does not close. You may pay for an additional appraisal for your own use at your own cost.
Privacy Act Notice: This request for personal identifyig information and other required information is to be used and stored by Commercial Lender or its assignees in determining whether you qualify as a prospective mortgagor under its program and in order to verify identities as required by federal law. It will not be disclosed outside the agency except as required and permitted by law. You do not have to provide this information, but if you do not your application for approval as a prospective mortgagor or sponsor may be delayed or rejected.