LOAN LISTING AGREEMENT – TERMS & CONDITIONS
This agreement is made on and accepted on the Date loan request is submitted online, by and between
ICS VENTURE PARTNERS, hereinafter referred to as “ICS LOANS” Principal, hereinafter referred to as “PRINCIPAL” or “BORROWER” or “CO-BORROWER” or “BORROWING ENTITY” or “BORROWER REPRESENTATIVE” concerning the property described below, hereinafter referred to as the “PROJECT”. This Agreement serves to set forth the terms and conditions in which ICS LOANS will list the subject loan request at ICSloans.com for lender placement:
PRINCIPAL HEREBY AGREES AS FOLLOWS – ICS LOANS is hereby contracted by Principal, an authorized borrower, managing borrower, borrower representative, and/or partner of the borrowing entity, to list the loan request at icsloans.com on an exclusive basis.
RELATIONSHIP. Principal, who is an authorized borrower, managing borrower, borrower representative, and/or partner of the borrowing entity, authorizes ICS LOANS to list loan at icsloans.com in order to arrange financing for the described project on an exclusive basis. This Agreement creates an exclusive arrangement relationship between ICS LOANS and Principal, and no other person(s) or companies not a party to this agreement. Principal agrees ICS LOANS is authorized to list the loan request via the icsloans.com online marketplace, engage any and all private, institutional, and corporate capital sources to provide financing for the property transaction, and to relay all funding terms, fees, interest rates, and other loan information to borrower from prospective lender(s).
PRINCIPAL RESPONSIBILITIES – Principal agrees to provide the financial and property information requested by ICS LOANS necessary to create a TOTAL VIEW FUNDING PACKAGE within 3 business days of submitting the loan request online and accepting the terms and conditions of this agreement. Information required by ICS will include but is not limited to tax returns, property operating statements, bank statements, rent rolls, financial statements, property photos, and other documents necessary to complete a TOTAL VIEW FUNDING PACKAGE in order to attain lender funding approval.
CAPITAL SOURCES – ICS LOANS is hereby authorized to engage any and all capital sources in order to provide financing. At it’s sole discretion, ICS LOANS will present the TOTAL VIEW FUNDING PACKAGE to authorized parties within the ICS LOANS network, including thousands of lenders, banks, investment companies, private investors, and other lending professionals.
NO GUARANTEE OF FUNDING SUCCESS – ICS LOANS agrees to use reasonable commercial efforts to mass market the loan request and TOTAL VIEW FUNDING PACKAGE to approved lenders and investors. ICS LOANS does not guarantee that financing can or will be obtained. Principal agrees that ICS LOANS will not be liable to Principal for any losses or damages whatsoever in the event financing is not obtained.
LOAN LISTING FEE – Principal include Borrowers and Lending Partners listing loans for lender placement at ICSloans.com. Principal agrees to pay ICS LOANS a LOAN LISTING FEE equal to (0.5%) of the total gross loan amount, or $1250.00, whichever is more, plus a Total View Funding Package fee of $250.00 & Loan Processing Fee of $975.00. In the event project funding is provided by one or more capital sources brought forth by ICS LOANS directly or indirectly during the term so this agreement, or within (180) days following expiration or termination of this agreement, Principal agrees to pay ICS LOANS the LOAN LISTING FEE. If the project is funded through any other 3rd party during the term of this agreement not a party to this agreement, Principal agrees to pay ICS LOANS the LOAN LISTING FEE. The Loan Listing Fee is due and payable at the time of funding, payable at escrow or directly to ICS by borrower.
LENDER REFERRAL FEE –Lenders can register with ICS at NO COST or sign-up as a Premier Lender, paying a monthly fee of $95/month for unlimited access to all loan listings and instant loan listing email notification. All registered Lenders pay ICS Loans a loan referral fee at closing. This amoutn varies per transaction and can be charged to the borrower as needed. This fee does not include any points or fees paid by Lender to a 3rd party broker, if applicable.
TOTAL VIEW FUNDING PACKAGE & LOAN PROCESSING FEE – Principal/Borrower agrees to pay the TOTAL VIEW FUNDING PACKAGE fee of $250.00 immediately upon completion of online loan listing and application submission. Payment will be made via credit card payment and is non-refundable. The loan processing fee is due at escrow closing.
The Loan Listing Fee and Processing Fee does not include any additional loan fees or other fees allocated to any other 3rd party Commercial Mortgage Broker, Bank, Lender, or other party (if involved in the transaction). The Loan Listing Fee does not include the Loan Processing Fee, 3rd party lender loan processing fees, 3rd party lender underwriting fees, or other 3rd party loan related fees or points potentially charged to Borrower by a direct lender or investor. Principal agrees to pay ICS LOANS the Loan listing fee on the total amount of funds secured for the project through any funding source brought forth by ICS LOANS, directly or indirectly, or through any other 3rd party during the term of this agreement, regardless of Principal’s past or present involvement with said funding source. The Loan Listing Fee is fully earned when the financing has been approved in writing by a capital source brought forth directly or indirectly by ICS LOANS with the terms and conditions acknowledged in writing to be acceptable to the Principal. Payment of the entire Loan Listing Fee to ICS LOANS will be made by borrower and/or directly out of the funding proceeds and disbursed directly through First American Title or another licensed closing agent acceptable to ICS LOANS.
PAYMENT FROM CLOSING PROCEEDS – Principal agrees that ICS LOANS has the right to require that payment of the Loan Listing Fee and Loan Processing Fee balance, if any, be made directly from the borrower and/or out of the funding proceeds and disbursed directly from escrow/closing or the capitalsource, and Principal hereby irrevocably authorize ICS LOANS to issue instructions to the Escrow/Closing Holder and/or capital source to pay the funding fee, processing, and underwriting fees directly to ICS LOANS as outlined within this agreement. Principal further agrees that ICS LOANS may use this executed agreement as a demand in escrow/closing, directing Escrow/Closing Holder and/or capital source to pay and remit the fee to ICS LOANS.
In the event any portion of the Loan Listing Fee, Processing, and/or other Fees are not able to be paid directly from closing/escrow for any reason, Borrower agrees that those payments will be made to ICS LOANS directly within one (1) business day of escrow closing via wire transfer or ACH deposit for disbursement to ICS LOANS.
DURATION OF AGREEMENT. This agreement shall be valid for a period of (90) days from date hereof. Unless cancelled in writing by Principal at the end of said period, this agreement will automatically be renewed month-to-month until cancelled by either party given 30 days written notice.
GOVERNED BY LAWS OF WASHINGTON STATE – All services rendered to Principal (no matter what state the Project is located in) are provided within the State Washington and conform with all state regulations regarding commercial real estate financing. The funding fees and charges paid to us by the Principal will be paid as outlined within this agreement, regardless of our involvement in the funding process as long as the project is financed. This agreement shall be governed by and construed in accordance with the laws of the State of Washington.
MEDIATION 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 party’s 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 the state of Washington 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 payment of funding fees as provided herein) that is not resolved as provided in paragraph “Mediation of Disputes”, Principal and COMMERCIAL MORTGAGE BROKER 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 may be entered in any court that has jurisdiction thereof.
PRINCIPAL HAS AUTHORITY AND AGREES TO EXECUTE THIS AGREEMENT ON BEHALF OF ALL BORROWERS, PARTIES, & ANY ENTITIES INVOLVED IN THE PROJECT. THIS IS WARRANTED TO BE HELD BY PRINCIPAL, ACCEPTED AND AGREED TO.