THIS AGREEMENT (the “Agreement”) is entered into as of this day of ,
by and between Funding Tape Inc.,
its
successors and/or assigns (“FT”), a Delaware corporation, having its principal office at 11 Waterview Blvd. 1st FL,
Parsippany, NJ 07054 and (“Affiliate Lender/Broker”) having it’s principal office at
***Recitals***
WHEREAS, Affiliate Lender/Broker and FT wish to establish a non-exclusive relationship, whereby Affiliate
Lender/Broker will be allowed to submit loans to FT on behalf of Affiliate Lender/Broker’s customers (“Borrowers”)
for possible funding of the requested business purpose loans.
WHEREAS, FT is a private lender that originates and funds residential business purpose private loan loan as well as
commercial loans (“Loans”) for portfolio and / or sale to investors in the secondary market;
WHEREAS, Affiliate Lender/Broker assists perspective borrowers in locating private lenders to finance the purchase
and refinance of residential or commercial property for business purposes;
WHEREAS, FT desires to consider making business purpose loans secured by private loans to such prospective borrowers
in accordance with established terms and conditions.
WHEREAS, FT and Affiliate Lender/Broker each desire to enter into this Agreement in order to clarify the terms of
their relationship and set for the terms and conditions of their understandings.
Now, THEREFORE, in consideration of the foregoing and for other good and valuable consideration the receipt,
sufficiency, and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
Definitions:
Unless otherwise defined herein, the capitalization terms used herein shall have the meanings set forth in the
guidelines.
General Affiliate Lender/Broker Responsibilities
Affiliate Lender/Broker will, at Affiliate Lender/Broker’s sole expense:
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Submit completed Prospective Borrower’s Loan Packages to FL, according to current FT programs, procedures and
feeschedules; and
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Furnish FT with all of the prospective Borrower’s Credit, Financial and other information as FT may require; and
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Promote loan programs, based on current FT programs and fees.
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Perform any logistical and or administrative work in order to close transactions.
Duties of Affiliate Lender/Broker:
- Taking of Loan Applications: Affiliate Lender/Broker shall take Loan Applications in its own name through its
employees. All Loan Applications must have been originated and processed by Affiliate Lender/Broker.
- Export of Data Feed and Document Images: Affiliate Lender/Broker shall electronically export to FT such loan
information data and loan documentation.
- Performance of Affiliate Lender/Broker Services: When required, Affiliate Lender/Broker shall perform services
including but not limited to all of the following services:
- Comply with all applicable local, state, and federal laws;
- Initiate / assist in collecting private loan and other loan verifications;
- Initiate / assist in scheduling an appraisal appointment;
- Initiate / assist in collecting inspections or engineering reports;
- Assist prospective borrowers in understanding and clearing credit problems;
- Maintain regular contact with prospective borrowers, real estate Agents, and FT, between application and closing
to update them of the status of the application and to gather any additional information as needed;
Compensation:
FT will pay directly to Affiliate Lender/Broker’s after funding the deal which may take 2-5 business days. FT is not
responsible or liable for any additional fees or commissions due to Affiliate Lender/Broker from borrower(s), which
Affiliate Lender/Broker negotiates and collects separately. Affiliate Lender/Broker authorize FundingTape to issue
1099 MISC Form for any payments directly made to Affiliate Lender/Broker.
Representations, Warranties, and Covenants of Affiliate Lender/Broker.
As an inducement to FT to enter into this Agreement and to perform its duties hereunder, Affiliate Lender/Broker
represents, warrants, and covenants to FT, as of the date of this Agreement and as of the date each Loan Application
is submitted to FT, as follows:
Representations and Warranties:
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Authority and Capacity: Affiliate Lender/Broker has full power, authority and capacity to enter into this
Agreement,
and to perform its obligations hereunder.
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Compliance with Laws: Affiliate Lender/Broker has complied, and shall comply, both in the conduct of its
business
generally, and in its origination of each business purpose Loan Application, with all applicable laws and state
laws
and regulations governing private loan lending and private loan Affiliate Lender/Brokerage if applicable.
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Duly Licensed: If applicable, Affiliate Lender/Broker possesses all necessary licenses, permits and authority to
engage in the activities contemplated by this Agreement and to participate in the business of Affiliate
Lender/Brokering commercial real estate and/or residential business purpose loans.
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No Untrue or Misleading Statements: No representation, warranty, or written statement made by Affiliate
Lender/Broker to FT in this Agreement or in any business purpose Loan Application, schedule, exhibit, written
statement, or document furnished to FT in connection with the transactions contemplated hereby contains or will
contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make
the
statements contained herein or therein not misleading.
Responsibility for Fraud or Negligence:
Affiliate Lender/Broker shall not submit any Loan Application or other private loan File document containing false
or misrepresented information or failing to disclose material facts necessary to make the statements contained
therein not misleading.
Miscellaneous:
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Notices: All demands, notices, and communications hereunder shall be in writing and shall be deemed to have been
duly given if personally delivered or mailed by registered mail, postage prepaid, or by a nationally recognized
overnight courier service, to the Affiliate Lender/Broker or to FT.
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Choice of Law: This Agreement shall be governed by, construed and interpreted in accordance with the laws of the
State of Delaware.
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Counterparts: This Agreement may be executed by one or more of the parties to this Agreement on any number of
separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same
instrument.
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Litigation: In the event any litigation is to materialize between FT and Affiliate Lender/Broker both parties
agree that said litigation shall be decided in the State of Delaware system of jurisdiction and the prevailing
party shall be entitled to receive all costs and fees due or incurred as a result of said litigation including
but not limited to reasonable attorney fees
Background check authorization:
By signing below, you authorize Funding Tape to investigate my/our personal and business history as necessary to
process a Affiliate Program application and to request and receive background information and reports about you from
any public or private information source including, but not limited to background check providers. Funding Tape may
investigate your criminal record, address history, social security number validity, criminal record, driving record
and any other information with public or private information sources. You acknowledge that a fax, image, or copy of
this authorization is as valid as the original. You make this authorization to be valid for as long as you are an
applicant with Funding Tape. The undersigned hereby forever holds harmless, releases and discharges Funding Tape and
its representatives from and against any and all liability, loss or expense suffered by the Undersigned, resulting
directly or indirectly from, or in any way related to actions taken by Funding Tape in connection herewith,
including, but not limited to: (a) the disclosure of information obtained under this authorization, (b) Funding
Tape's evaluation of the undersigned and reports related to the undersigned, and (c) Funding Tape's evaluation of
any proposed Affiliate Program Fee Agreement.
This Agreement is subject to NON-CIRCUMVENT, NON-DISCLOSURE, AND CONFIDENTIALITY Agreement and
apply to all present
and future transactions and/or prevents Guarantor(s) and/or borrowing entity’s members from directly contacting
and/or circumventing Funding Tape to any of its affiliates, capital providers, note buyers for 5 years, and for a
period of two years after the exchange of information or transaction, and thereafter at the end of any
renewal/roll-over period, without the need for any notice or advisement, unless mutually agreed in writing to be
terminated by both Parties. The parties hereto expressly acknowledge that, in the event, the Affiliate Lender/Broker
breaches this Agreement, the damages resulting from such a breach would be extremely difficult to determine in that
the lost potential future income and business for the Finder and for his services in this matter would be lost and
such damages could be detrimental to the Finder. Therefore, the parties hereto expressly agree that in the event of
the Affiliate Lender/Broker's breach of this Agreement, the Affiliate Lender/Broker shall be obligated to pay FT
triple the compensation as defined as Origination Fee, Affiliate Lender/Broker Fee, and Processing Fee rates based
on the gross principal loan amount.
IN WITNESS THEREOF, Affiliate Lender/Broker and FT, have caused their names to be signed hereto by their respective
officers hereunto duly authorized as of the day and year first above written.
Company Name:
FundingTape Inc.
Name: Frank Muradov
Title: CEO
Signature: Frank Muradov
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Affiliate Lender/Broker Company Name:
Name:
Title:
Signature:
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