TERMS AND CONDITIONS OF A LOAN PROPOSAL, INDICATIVE LOAN TERMS OR LETTER OF OFFER.
ACMF Project Finance and Advisory Pty Ltd, ACMF Investments Pty Ltd, ACMF Capital Pty Ltd, Australian Commercial Mortgage Fund Ltd and or and or their related companies of hereon end referred to as "ACMF" in this document and or;
A specialist Mortgage Fund providing Finance upon which “ACMF” has made a business arrangement to provide finance or has a specified business relationship to provide finance and or;
Private Investor company providing finance ("the investor") upon which “ACMF” has made a business arrangement to provide finance or has a specified business relationship to provide finance typically in conjunction with "the investor" nominated law firm and or;
These terms and conditions apply to:
1) "ACMF" its associated companies, the investor(s) of a Loan Facility (proposed, settled or otherwise) and the investor(s), the Lender(s) Lawyer(s) representing any Lender(s) and or investor(s) proposing to become a Lender(a), or is a Lender(s) in a existing facility(s) already advanced, and or associated party(s) of the Lender(s) and or as detailed in this document and also to
2) The proposed Borrower(s) (or Borrower(s) if settled), the Guarantor(s) and any associated party(s) to the borrower (s) in relation to a proposed or settled Loan(s);
THE BORROWER(S) AND OR THE GUARANTOR(S) REQUIREMENTS AND OBLIGATIONS
Satisfactory completion by the borrower of income and declaration form as required by the instructing Lender or Lender's lawyer, such as rental income, business income and the like (unless the loan is capitalised and reliant upon repayment by other methods);
Settlement to take place no later than 30 days from the date of the Loan Proposal or Loan Offer made unless an extension in writing is advised from the Lender(s) and or their Lawyer(s) or "ACMF" for example delays in receiving a Valuation and out of the control of the parties;
When funds are allocated in respect of a loan in readiness for settlement, interest will be charged from the date of funds are allocated being within 5 business days AFTER receipt of the revised Loan offer however the intending borrower shall be notified of such draw down of funds or funds allocation confirmed in writing;
Execution of all Facility Agreement(s) and Guarantee(s) and any other such Loan related documentation as deemed by the instructing Lender(s) Lawyers. These include revised loan offers after all reports have been received and numerical calculations adjusted
Execution of the Security Documents as presented or deemed necessary by the instructing Lenders Lawyers;
The borrower(s) and Guarantor(s) are to receive independent legal and financial advice (“client advisors”) and to provide to “ACMF” a Certificates from each of those advisors;
The borrower(s) are to provide satisfactory evidence of their ability to service the loan or if interest has been capitalised within the proposed loan facility, then the loan repayment method must be found to be satisfactory and acceptable to the lender(s) or “ACMF”;
The Directors of the Borrowing Company to provide personal guarantees both in their names and in their Capacity as Director(s) of the borrowing company(s) unless clearly stated otherwise.
The guarantors are to provide evidence to substantiate the balance sheet information provided to the lender(s) and ACMF.
Any monies due, including costs and fees quoted (such items as Valuation or any other reports, legal and documentation preparation costs, agreed fees, finance costs and the like), the borrower(s) and or guarantor(s) upon signing this Loan Proposal, hereby charge to the Lender (and "ACMF") by way of fixed charge over any real estate in which that person has an interest in now or in the future with the due payment of all monies, costs and fees that are payable to the Lender (or any such service provider for example a Valuation Firm, mortgage document costs, agreed fees) and in the event monies due and payable are not paid as invoiced, grant a charge over any property over unpaid, fees costs or invoice(s) for any service provided directly related to the proposed or settled loan(s) facility(s).
Overdue accounts, will be charged interest on overdue accounts unless paid on time or if extended by mutual consent all accounts must be paid within the terms the final loan offer. If fees are paid later than this period, a charge shall apply and equivalent on a monthly basis at the rate the prevailing second mortgage rate at that time (or if no rate is quoted, the interest rate shall be 4% per month for the number of months (or part thereof) calculated from either the settlement date or invoice date due onwards that remain unpaid.
Loan Management and reporting fee, all loans have a small charge of ranging from 0.1% to 0.25% per month of the total loan amount(s) service fee (plus GST) added and payable upon loan repayment or 12 months (the earlier of). This covers the lenders loan management and may include the lenders and / or ACMF time for such items as onsite inspections, meetings, development site, general project monitoring and reporting back to the investors and mortgage funds.
At any time prior to the Loan amount being provided or proposed to be provided by the Lender(s) (that is the proposed Mortgagee) pursuant to the Loan Proposal or Letter of Offer of Facility Agreement and or Guarantee to be executed (or if executed), should any negative circumstances change in the opinion of the Lender (Mortgagee) and or their Legal representative(s), in relation to any subject within the Letter of Offer for finance or otherwise, the Lender(s) (Mortgagee) is entitled not to proceed with making the loan available the Loan Amount available to or on behalf of the Borrower and its obligations as Lender (Mortgagee) pursuant to the Letter if Offer and or the Facility Agreement(s) and Guarantee(s), will be at an end, with no recourse available to the Borrower or vary any respect of the terms of the Letter of Offer or Facility Agreement(s) and Guarantee(s). All specified costs as agreed shall be due and payable within 21 days;
If a Loan Offer has been issued within the interest rate and Loan Establishment Fee quoted and not accepted and or later does not proceed for any reason or is cancelled for the following reasons, 50% of all quoted fees plus GST and any invoices (legal, Valuation, other reports and the like) become due and payable to "ACMF" without dispute in 21 days of cancellation or loan expiry offer date.
If the loan Offer is issued OUTSIDE the quoted interest rate and Loan Establishment fee quoted and NOT accepted by the proposed borrower, then NO FEES are due and payable. Costs (as invoiced by third party such as legal, Valuation and the like are always payable however.
Reason why a loan facility may be cancelled include (but not limited to):
a) Fraudulent information and or deemed to be potentially fraudulent due to lack of supporting evidence (an example such as Power of Attorney not able to provide all the original documentation and verifiable documentation by the witnessed signatories for example), false or dubious pre sale(s) in the opinion of the lender(s) lawyers, related party items undisclosed at the time of application;
b) Misleading and or unrealistic valuation(s) expectation(s) upon application made to "ACMF".
c) Additional debt as advised in the loan application has been understated and or omitted altogether.
d) Construction Cost analysis is incorrect and or understated by greater than 5%;
e) Security(s) as advised that are available for security purposes, are not fully owned and or controlled by the applicant and in the opinion of the lender(s) legal advisors unable to secure the lender(s) interest (an example is a Unit Trust not controlled by the applicant, or joint ownership in a property and unable to gain satisfactory consent to the loan;
f) The loan is not a business loan but for personal purposes(s) or partially for personal purposes (Note: working capital whereby wages are paid to the borrower who is a director is not deemed personal but the normal running of any business, however limited to fair and reasonable wage(s) structure).
g) The loan Term, or proposal offer term quoted has expired or the Term quoted upon which it was to be settled or upon which the Term to have all items returned to the lender or "ACMF", no matter whose fault such as delayed valuation report's , or delays in any other reports requested and agreed to in the loan proposal. This parties also authorise "ACMF Project Finance and Advisory Pty Ltd and / or its legal representatives to lodge a caveat over the real property in order to protect the security interest created by this clause in favour of ACMF Project Finance and Advisory Pty Ltd.
OUTSTANDING MONIES OWED
Any amount owed be it either fees payable as described above OR outstanding third party accounts you hereby charge to "ACMF Project Finance and Advisory Pty Ltd by way of a fixed charge over any real property in that person has an interest in or in the future with the due monies, costs and fees that are payable to ACMF Project Finance and Advisory Pty Ltd (or any "ACMF" entity) by virtue of the letter of offer or otherwise as agreed such as Loan Term issued and accepted OR Indicative Terms issues and accepted OR to its assigned nominated party.
IF YOU OR YOUR LEGAL ADVISORS HAVE ANY QUESTIONS AND/OR REQUIRE AN EXPLANATION TO THE ABOVE TERMS AND CONDITIONS, THE APPLICANT AND/OR PROPOSED BORROWER(S) AND/OR GUARANTORS, ARE TO PROVIDE YOUR QUESTION BY EMAIL FOR CLARIFICATION TO firstname.lastname@example.org AND HAVE AN EMAIL ACKNOWLEDGEMENT RETURNED BY ACMF THE SAME DAY