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Asset Capital Mortgage


  • pg 1
									                              Asset Capital Mortgage Corporation
                           Engagement Agreement of Financial Services
                                      Tel: (780) 461-1777 Fax: (780) 440-9555
 Suite #203, 10023 - 168 Street,                                                          Clients Initial: ________
                                              Toll Free 1-866-992-7738
 Edmonton Alberta T5P 3W9 Canada                                                          ACMC Agent: _________

This Engagement Agreement is between Asset Capital Mortgage Corporation (“ACMC")

and                                               (the “Client”), of
                        Full name                                                         City and State/Province

This Engagement Agreement is Application for debt and/or equity financing for the purpose of:

    1.1. The Client has contracted and authorized ACMC to introduce to the Client debt and/or equity-
         financing sources; specifically these are Lender(s) and/or their agents who will provide
         Financial Commitments to the Client.
    1.2. This shall be for the purpose of allowing the Client to meet their goals and objectives pursuant
         to the business and plans of the Client.
    2.1. An engagement fee of ______ for help to become investment ready, disbursements and
         expenses connected with the assessment of and transmission of the application to Lender(s)
         shall be paid to ACMC upon signing of this agreement. In consideration of the time, effort and
         expenses by ACMC incurred in review and study of any documents, appraisals, financial
         statements, plans, inspections, legal review, consultations with client and loss of opportunity, it
         being further acknowledged and agreed by the Client that the actual determination of said costs
         and expenses so incurred is not feasible and the said sum represents a reasonable estimate of
         compensation to initiate the contract.
    2.2. Should ACMC introduce to the Client a Lender(s) who invests and/or lends money, properties,
         or anything of value into the Project, regardless of the form such proceeds are so invested, the
         Client agrees to pay as contracted consideration under this Agreement ___________ percent
         (___%) of the proceeds (or value) so invested and/or loaned to the Client. Consideration shall
         be based upon the gross amount committed, prior to any deductions, expenses, or offsets of
         any kind, and shall be paid to ACMC upon accepted commitment, whether or not the
         commitment is drawn upon. This includes Bridge Financing committed to the Client payable
         upon accepted commitment, whether or not drawn upon. This contract provision for
         consideration, as relates to financing, shall last for a period of seven (7) years from the date
         any Lender(s) first invests / lends to the Client’s Project.
    2.3. Should a Lender(s) introduced to the Client by either ACMC or ACMC’s Agent, invest / lend
         additionally in the Client's Projects, after the initial investment is made, the Client will pay to
         ACMC an additional contracted fee of ______________ percent (____%) of any such
         additional funds (or value) later invested. This fee shall be paid to ACMC upon the accepted
         commitment of such funds.
    2.4. The Client shall pay ACMC in the same currency as obtained in the accepted commitment.
    2.5. Should the Client require funding for another or future project, they would be required to
         complete a separate Engagement Application and Agreement for Financial Services as each
         application, project or deal is negotiated separately.

ACMC – AFS - 2004                       International Financial and Business Consulting                               Page 1 of 2
                                                                              Engagement Agreement for Financial Services

    3.1. ACMC shall hold all information relating to the Project as strictly confidential and not disclose
         such information to any third party except to Lender(s) and/or their Agents for the purpose
         described in Section I of this Agreement.
    3.2. The Client hereby warrants that any and all information provided to ACMC for the purpose of
         obtaining financial commitment shall be true and correct to the best of Client’s knowledge.
         False information discovered shall halt any and all emission of funding at the Lender(s) or
         ACMC’s discretion.
    4.1. The Client holds ACMC harmless from any and all types of court actions or costs, from all legal
         expenses and legal fees for anything ACMC does hereunder in good faith.
    4.2. The Client shall not circumvent ACMC by contacting the Lender(s) or their Agent(s), directly or
         indirectly, for any financing request whether or not related to the Project, for a period of seven
         (7) years from the date of this Agreement without ACMC’s written authorization.
    4.3. Any violation of 4.2 shall be swiftly prosecuted to the fullest extent of the law.
    5.1. This Agreement shall be binding upon all parties and their respective estates, heirs, associates,
         affiliates, successors, and permitted assigns and shall include all subsidiaries thereof,
         successor companies, affiliated companies and officers or owners of said companies, all herein
         referred to as the Client.
    5.2. The Client agrees and acknowledges that section 2.2 and 2.3 are due/payable and fully earned
         by ACMC immediately upon accepted commitment whether or not drawn upon by the Client.
    5.3. The Client agrees that a caveat may be registered on the subject property to more fully secure
         the payment of costs relative to this mortgage.
    5.4. The Client agrees that upon obtaining a financial commitment, an ACMC administration /
         document charge of $100.00 per client file is payable on closing date of file.
    5.5. Faxed copies of this Agreement and Application shall be accepted as originals.
    5.6. This Agreement is governed by the laws of the Province of Alberta, Canada.
    5.7. This is the entire Agreement between the Client and ACMC and contains all the promises,
         representations, obligations, and liabilities of one to the other.

WITNESS our hands on this _________ day of ___________________, 200___.

Asset Capital Mortgage Corporation
                                                                                         Company Name

           Larry E. Zachow
                                                                                        Printed Full Name

                    Title                                                                     Title

             Authorized Signatory                                                      Authorized Signatory

             Print Witness Name                                                        Print Witness Name

              Witness Signature                                                         Witness Signature

ACMC – AFS – 2004                    International Financial and Business Consulting                           Page 2 of 2

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