The Borrower (or Co-Borrower ), and Guarantor (or Co-Guarantor) – each of the undersigned – represents to Commercial Lender, LLC (Commercial Lender) and to Commercial Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that: (1) neither Commercial Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property 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 of trust 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) all statements made in this application are made for the purpose of obtaining a commercial mortgage loan; (5) the property will be occupied or not occupied as indicated in this application; (6) 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; (7) Commercial Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in the application, and I am obligated to and agree to amend and/or supplement the information provided in this application if any of the material facts that I have represented herein should change prior to closing of the Loan; (8) I understand and acknowledge that, 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 that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies; (9) I understand and acknowledge that ownership of the Loan and/or administration or servicing of the Loan account may be transferred with such notice as may be required by law; (10) my transmission of this application as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing my original written signature pursuant to 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 set forth opposite my signature and that any intentional or negligent 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. The Borrower (or Co-Borrower) and Guarantor (or Co-Guarantor) – each of the undersigned – acknowledges and agrees that Commercial Lender may assign, transfer or hypothecate this Loan opportunity to another lender or funding source and to that end, share the information in this application with other lenders and investors in furtherance of closing the requested Loan. Each of the undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verify or re-verify any information contained in this application or obtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency.
Each of the undersigned understand that by signing this application, hereby authorize Commercial Lender, LLC, or its assigns on its own or through its service provider to conduct (1) a consumer credit report to verify other credit information, including past and present mortgage and landlord references; and (2) a background investigation report and verify both criminal and civil records. It is understood that a copy of this application serves as authorization to conduct these checks and that the information gathered is in connection with a credit transaction involving myself and/or my company, as applicable. The information [Correspondent’s Name] obtains is only to be used in conjunction with this 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 reimbursable 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.
Privacy Act Notice: This information is to be used by Commercial Lender or its assignees in determining whether you qualify as a prospective mortgagor under its program. 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.