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Sugarhill Commercial Lending, LLC
Mortgage Broker Agreement
This agreement is made _____________(date) by and between Sugarhill Commercial Lending, LLC hereinafter referred to as “Broker”, and _____________________________ hereinafter referred to as “Applicant,” concerning the property described below hereinafter referred to as “Property.”
Applicant and Sugarhill Commercial Lending hereby agree as follows:
Property Name: ___________________________________
Property Address: _________________________________
Property Description: _______________________________
Approx. Loan Request: $ ___________
Sugarhill Commercial Lending and Broker as Applicant’s Agent
Sugarhill Commercial Lending is hereby engaged as Applicant’s agent and is authorized to arrange financing for Property.
Applicant agrees that Sugarhill Commercial Lending is the exclusive agent to arrange financing for this Property for the duration of the agreement. Applicant agrees the FINANCING SUCCESS FEE is earned on acceptance of commitment and is payable at closing of any loan made on this property during the duration of this agreement.
APPLICANT RESPONSIBILITIES
Applicant agrees to provide the information required by Sugarhill Commercial Lending to create the loan request package. Applicant agrees to review the completed loan request package and is responsible for its accuracy. After the loan application has been obtained, Applicant agrees to use due diligence to close the loan. Applicant is responsible to ensure of FINANCING SUCCESS FEE is paid out of escrow/closing.
NO GUARANTEE OF FINANCING SUCCESS
SUGARHILL COMMERCIAL LENDING agrees to use reasonable commercial efforts to obtain and close financing for the Property.
SUGARHILL COMMERCIAL LENDING does not guarantee the financing can or will be obtained. Applicant agrees SUGARHILL COMMERCIAL LENDING will be liable to Applicant for any losses or damages whatsoever in the event financing is not obtained.
FINANCING SUCCESS FEE
Applicant agrees to pay SUGARHILL COMMERCIAL LENDING a FINANCING SUCCESS FEE OF __% of the loan amount (minimum $5,000) payable at closing.
This fee is in addition to any fee paid to the Lender if any. The FINANCING SUCCESS FEE is earned upon written acceptance by Applicant of a loan commitment with any lender during the period of this agreement. The fee is payable on loan closing or if applicant withdraws from the loan commitment.
OTHER FEES
Applicant to pay the customary escrow/closing and other reasonable expenses necessary for the closing of said loan, including without limitation title insurance, attorney’s fees, escrow, notary, tax service, recording, structural seismic report, environmental audit fees, survey fees, credit reports, commitment and standby fees, if any, and appraisals if required.
PAYMENT FROM CLOSING PROCEEDS
Applicant agrees that BROKER and SUGARHILL COMMERCIAL LENDING each has the right to require that payment of the FINANCING SUCCESS FEE be made directly out of the proceeds of the loan and disbursed directly from escrow/closing, and Applicant hereby irrevocably appoints BROKER AND SUGARHILL COMMERCIAL LENDING its limited Attorney-in-Fact for the sole purpose of issuing instructions to Escrow/Closing Holder to pay the FINANCING SUCCESS FEE AND SUGARHILL COMMERCIAL LENDING may use this executed Fee Agreement as a demand in escrow/closing, directing Escrow/Closing Holder to pay and remit the loan fee.
SALE OF PROPERTY
If the Applicant sells the property it may be possible for the new owner (BUYER) to finance the property using this “pre-approved” loan. If 1) Applicant has signed a Loan Application under this contract and 2) sells the property, and 3) BUYER finances this property using the same lender with which the Applicant has signed an application.
Then, Applicant will remain responsible for paying the FINANCING SUCCESS FEE. Applicant will pay Sugarhill Commercial Lending, LLC the fee within five days of loan closing.
TERMINATION OF AGREEMENT
After 45 days, the APPLICANT, BROKER OR SUGARHILL COMMERCIAL LENDING may terminate this agreement with a written Notification of termination delivered to the other parties. Sugarhill Commercial Lending will remove the Applicants access to the site and will top Applicant directed work (BROKER AND SUGARHILL INVESTMENT may, at their own discretion, continue to solicit loan quotes from lenders and present them to Applicant). If Applicant or BROKER terminates the agreement and proceeds to close a loan on the subject property within the Duration of this Agreement with any lender that has been contracted by Broker and Sugarhill Commercial Lending before BROKER and SUGARHILL COMMERCIAL LENDING received Notification of Termination, then the FINANCING SUCCESS FEE amount and terms of payment remain in force.
DURATION OF AGREEMENT
This agreement shall be valid for a period of one (1) year from date hereof. Unless cancelled in writing by Applicant at the end of said period, this agreement will automatically be extended for an additional 90 days, at the end of which time it will terminate unless extended in writing by both parties.
MEDIATION AND DISPUTES
In the event any dispute or controversy arises with respect to the subject matter of this agreement or the transaction contemplated herein (including, but not limited to, the parties’ rights with respect to payment of commissions as provided herein) which the parties are unable to resolve among themselves after a good faith effort to do so, at the request of either party. All parties to this agreement agree to attempt to resolve such dispute or controversy through mediation in____________________________ pursuant to a mediation conducted by a mediator appointed by the American Arbitration Association in accordance with its mediation rules.
ARBITRATION OF DISPUTES
In the event any dispute or controversy arises with respect to the subject matter of this agreement or the transaction contemplated herein (including, but not limited to, the parties’ rights with respect to the payment of commissions as provided herein) that is not resolved as provided in paragraph MEDIATION OF DISPUTES Above, Applicant and Sugarhill Commercial Lending agree that such dispute or controversy shall be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court that has jurisdiction thereof.
SUGARHILL COMMERCIAL LENDINGS CONTACT INFORMATION
Address:
Sugarhill Commercial Lending, LLC
1519 York Road
Lutherville, MD 21093
202-327-1284
APPLICANT CONTACT INFORMATION
Applicant Name _________________________________________________________
Applicant Address ________________________________________________________
Applicant Phone __________________________________________________________
Applicant Fax ____________________________________________________________
Applicant Email __________________________________________________________
APPROVALS
FULL AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF ALL PARTIES IN INTEREST IS WARRANTED TO BE HELD BY THE UNDERSIGNED.
AGREED TO FOR APPLICANT BY:
Authorized Signer for Applicant
ACCEPTED AND AGREED TO FOR SUGARHILL COMMERCIAL LENDING, LLC
Authorized Signer for Sugarhill Commercial Lending, LLC
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