BROKER APPROVAL PACKAGE By filing one application with us, you will have access to the loan programs that will fit your BROKER SUBMISSION CHECKLIST: borrower's needs. This one application eliminates the need to apply with more than one lender. BROKER APPLICATION As a direct lender, Capstone Direct can efficiently fund loans, BROKER APPLICATION - Complete and sign the application and include the documentation outlined in this checklist. Only complete applications draw documents, and underwrite will be processed. Enter all names with complete addresses, fax, e-mail, with ease. This process enables city, state, and zip codes. Capstone to close your loans BROKER ORIGINATION AGREEMENT - Complete by reading, dating, and promptly and effectively. The signing the attached Broker Agreement. quality and ease of our system W-9 REQUEST FOR TAXPAYER ID NUMBER - Complete the enclosed allows you to begin submitting W-9 with all required information, sign and return to Capstone Direct, Inc. loan applications for your clients with all items on this checklist. during the broker approval BROKER PLEDGE - COMMITMENT TO FAIR AND RESPONSIBLE process. LENDING - Complete by reading, dating, and signing the attached Commitment to Fair and Responsible Lending. To become an approved broker in LICENSES - Please provide all license(s) for the states you plan to our network, please complete and broker loans to Capstone Direct, Inc. Please be advised that Capstone currently does business in California ONLY, however, your licenses will submit all the necessary items be kept on file for future business. Copies of the state issued below. If you have any questions certificates are prefered, however a list of the state and license or need additional information, numbers is satisfactory. If you are exempt from state licensing, a copy of your exemption letter is required. please contact your Account Executive or our main office at ORGANIZATIONAL DOCUMENTS - Please submit all that apply: Articles of Incorporation, Articles of Organization, and Partnership Agreement. 866.427.4827. (Names must match your application and license.) WHERE TO SEND COMPLETED PACKAGE - After completing your CAPSTONE DIRECT, INC. application, reviewing the Application Submission Checklist and providing your executed Broker Agreement, W-9, Commitment to Fair and 200 N. WESTLAKE BLVD., SUITE 105 Responsible Lending, License(s) and all other relevant documentation WESTLAKE VILLAGE, CA 91362 required, send your completed package to: TOLL FREE 866.427.4827 E-Mail: email@example.com OR FAX 805.496.4878 Fax: (805) 229-6823 OR EMAIL firstname.lastname@example.org Mail: 200 N. Westlake Blvd., Suite 105, Westlake Village, CA 91362 www.capstoneb2b.com BROKER APPLICATION COMPANY & BROKER INFORMATION CAPSTONE ACCOUNT EXECUTIVE: BUSINESS NAME: DOING BUSINESS AS (DBA): STREET ADDRESS: CITY, STATE, ZIP: TELEPHONE: FAX: NAME OF PERSON FILING APPLICATION: TITLE: MAIN CONTACT EMAIL ADDRESS: CORPORATE FILING INFORMATION DATE INCORPORATED: COUNTY: STATE: FEDERAL ID NO. (TIN): IF NO FEDERAL ID NO, SOCIAL SECURITY NO.: IF LLC, CHECK TWO BOXES, OTHERWISE CHECK ONE BOX SOLE PROPRIETOR PARTNERSHIP CORPORATION LLC FEDERALLY STATE CHARTERED CHARTERED BANK BANK PRINCIPAL OFFICERS AND CONTACTS: BROKER OF RECORD (first, middle, last name): SOCIAL SECURITY NUMBER: DATE OF BIRTH: PERCENTAGE OF COMPANY OWNED: HOME ADDRESS: CITY, STATE, ZIP: PRINCIPAL OFFICER 1 (first, middle, last name): SOCIAL SECURITY NUMBER: DATE OF BIRTH: PERCENTAGE OF COMPANY OWNED: HOME ADDRESS: CITY, STATE, ZIP: PRINCIPAL OFFICER 2 (first, middle, last name): SOCIAL SECURITY NUMBER: DATE OF BIRTH: PERCENTAGE OF COMPANY OWNED: HOME ADDRESS: CITY, STATE, ZIP: PRINCIPAL OFFICER 3 (first, middle, last name): SOCIAL SECURITY NUMBER: DATE OF BIRTH: PERCENTAGE OF COMPANY OWNED: HOME ADDRESS: CITY, STATE, ZIP: PRINCIPAL OFFICER 4 (first, middle, last name): SOCIAL SECURITY NUMBER: DATE OF BIRTH: PERCENTAGE OF COMPANY OWNED: HOME ADDRESS: CITY, STATE, ZIP: LOAN OFFICER CONTACT INFORMATION: LOAN OFFICER 1 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 2 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 3 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 4 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 5 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 6 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 7 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 8 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: LOAN OFFICER 9 (first, middle, last name): PHONE NUMBER: EMAIL ADDRESS: BANK AND LENDER REFERENCES: BANK REFERENCE: PHONE NUMBER: ADDRESS, CITY, STATE, ZIP: LENDER REFERENCE 1: PHONE NUMBER: ADDRESS, CITY, STATE, ZIP: LENDER REFERENCE 2: PHONE NUMBER: ADDRESS, CITY, STATE, ZIP: LENDER REFERENCE 2: PHONE NUMBER: ADDRESS, CITY, STATE, ZIP: CONTACT PREFERENCES: PLEASE INDICATE HOW YOU WOULD PREFER TO RECEIVE INFOMATION AND UPDATES FROM CAPSTONE DIRECT, INC.: E-MAIL SEND PROGRAM UPDATES TO: SEND RATE SHEETS TO: FAX SEND PROGRAM UPDATES TO: SEND RATE SHEETS TO: I DO NOT WISH TO RECEIVE UPDATES. HOW DID YOU HEAR ABOUT US? CAPSTONE E-MAIL FAX INTERNET LOS SYSTEM PRINT AD SALES PERSON TRADESHOW OTHER LOAN PRODUCTION: 1. Primary geographic origination areas: 2. Prior year origination volume: 3. Year-to-date origination volume: 4. Origination source (retail/broker): OPERATING STATES AND LICENSES: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: STATE: LICENSE TYPE: LICENSE NUMBER: EXPIRATION DATE: BRANCH LIST: IF THE BRANCH LISTED ON THE FIRST PAGE OF THIS APPLICATION IS NOT THE CORPORTATE/MAIN OFFICE, PLEASE LIST THE CORPORATE/MAIN OFFICE ON THIS PAGE, AND MARK THE APPROPRIATE CHECK BOX. PLEASE PROVIDE THE FOLLOWING INFORMATION FOR ALL BRANCHES OF THE COMPANY. PLEASE ATTACH AN ADDITIONAL SHEET IF NECESSARY. CORPORATE/MAIN OFFICE STREET ADDRESS: SUITE: CITY, STATE, ZIP: TELEPHONE: FAX: LICENSE NUMBER: STATE: EXP. DATE: MAIN CONTACT: EMAIL: ADDITIONAL BRANCH STREET ADDRESS: SUITE: CITY, STATE, ZIP: TELEPHONE: FAX: LICENSE NUMBER: STATE: EXP. DATE: MAIN CONTACT: EMAIL: ADDITIONAL BRANCH STREET ADDRESS: SUITE: CITY, STATE, ZIP: TELEPHONE: FAX: LICENSE NUMBER: STATE: EXP. DATE: MAIN CONTACT: EMAIL: DISCLOSURE/DUE DILIGENCE: 1. Has your company ever been suspended from selling or servicing mortgages? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 2. Has your company, its principals or officers, been named as defendant in a lawsuit for alleged fraud or misrepresentation? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 3. Has your company ever been involved or is currently involved in any litigation? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 4. Has your company, its principals or officers, been named as defendant in a criminal proceeding/complaint/conviction for alleged fraud or misrepresentation? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 5. Has your company, its principals or officers, filed for protection from creditors under any provision of he bankruptcy laws or made an assignment for the benefit of creditors within the past seven years? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 6. Has your company, its principals or officers, ever had a real estate, lending, or other professional license suspended or revoked, or received any other disciplinary action from a regulatory agency? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 7. Has any lender enforced, or attemped to enforce, the Hold Harmless, Indemnification, or Repurchase clause of their correspondent or broker agreement with your company, its principals or officers, or any entity affiliated with your company, its principals or officers? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO 8. Has your company, its principals or officers, ever been the subject of any disciplinary action or regulatory sanction for violation of any fair lending, fair housing or non-discrimination laws or regulations? If yes, please provide a detailed explanation (use a seperate sheet if necessary): YES NO I hearby certify the information contained in this application is true and correct in all respects. I hearby authorize Capstone Direct, Inc. to obtain verification of the above information from any source named herein, from any credit reporting agency, and from any other source appropriate in evaluating my fitness (and that of the business identified above) as a Wholesale Mortgage Broker. Social security numbers of the identified company officers will not be used to run a credit report, however they are necessary as a means to verify identity. Such verifications may be obtained in connection with my initial approval as a Wholesale Mortgage Broker and as a part of any subsequent review required by Capstone as part of our continuing acceptability as a Wholesale Mortgage Broker. SIGNATURE: DATE: NAME (Please Print): TITLE: Please be sure to return this page along with the rest of the application, the Broker Agreement, and the W-9 form. Thank you, Capstone Direct, Inc. CAPSTONE DIRECT BROKER AGREEMENT This Broker Agreement ("Agreement") is entered into on 20 by and between CAPSTONE DIRECT, INC. ("Lender"), and DBA: , ("Broker") with reference to the following: RECITALS A. The parties wish to establish a relationship whereby Broker will, from time to time and at its option, submit completed application packages for mortgage loans ("Loans") to Lender on behalf of Broker's clients ("Borrowers") for possible funding. B. It is not the intent of the parties for Broker to submit FHA/HUD insured loans pursuant to this agreement. C. The parties now desire to enter this Agreement to set forth the terms of their relationship. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: AGREEMENT 1. General Broker Responsibility Fees. Broker will at Broker's sole expense perform those services referenced in Section 3.9 below in addition to providing such information as Lender may reasonably request to assist Banker in marketing the loans to secondary market investors in consideration for fees as set forth payable by the Borrower. Such fees may be paid in whole or part by Borrower and/or by Lender, provided, that no fees shall be payable to Broker which have not been fully disclosed to, and approved by, both Lender and Borrower. The contents of all Loan package and other information submitted to Lender shall become the property of Lender upon Loan closing, and all information contained therein may be subject to Lender's independent verification. No fee shall be owed to Broker on account of any proposed Loan which is not funded and closed, and Lender shall have no obligation under this Agreement to Broker if a Loan fails to close and fund, for whatever reason except that Lender will fund any loans submitted to Lender by Broker, which conform within its reasonable discretion with its lending criteria, policies and guidelines then in effect ("Lending Criteria"). 2. Loan Approval. Lender shall make available to Broker product descriptions of the various wholesale lending programs being offered by Lender from time to time. Such descriptions shall not be binding upon Lender. Loan approval shall be within Lender's Lending Criteria. Broker shall not represent to any party that Lender has approved or will approve any Loan until Broker is so informed by Lender in writing. All Loans shall close in Lender's name. Appraisers and their qualifications must be approved in advance by Lender. However, such approval does not ensure that Lender will not review or rewrite any appraisal submitted to it. 3. Broker's Warranties. Broker represents, warrants and covenants to Lender, as of (i) the time any Loan package is submitted to Lender, and (ii) as of the time the Loan is funded and closed through the life of the Loan, that: 3.1 Authority and Capacity. Broker is a duly organized and validly existing entity in good standing under applicable laws of the state of California or other states in which it is engaged in the business of brokering or originating mortgage loans, and in such state that it has the requisite authority and capacity to enter into this Agreement and this Agreement has been duly authorized, executed and delivered by Broker and constitutes a valid and binding obligation of Broker, enforceable in accordance with its terms. Broker's compliance with the terms and conditions of this Agreement will not violate any provisions of its charter documents, any instrument relating to the conduct of its business, or any other agreement, law or regulation to which it may be a party or under which it may be governed. 3.2 No Untrue Statements. None of the statements or information contained in any document submitted with or included as part of an application package, or in any document reviewed in connection with Lender's underwriting decision, contains or will contain any misleading, false or erroneous statements, or omit facts necessary to make such statements or information accurate and understandable in every respect. 3.3 Absence of Claims. There is not pending or threatened any suit, action, arbitration, or legal, administrative, or other proceeding or investigation (including an allegation of fraud by another lender) against Broker or its current or former owners, agents, or employees which could have an adverse effect on the Broker's business, assets, financial condition, or reputation, or upon any Loan submitted for funding by Lender. 3.4 Control of Document. No Borrower shall have had in its direct or indirect possession or control any credit, income, or deposit verification document submitted to Lender with respect to any Loan. 3.5 Duly Licensed. Broker pssesses all necessary approvals, licenses, permits, and authority to execute and deliver this Agreement and to engage in the activities contemplated by this Agreement, and Broker is in full compliance in all respects, and in good standing, with all regulatory and supervisory agencies having jurisdiction over Broker. 3.6 Ownership. Broker has no direct or indirect ownership interest in any property acting as security for the Loan. 3.7 Compliance with Laws. Broker and each other person involved in the Loan transaction has complied and will comply with all applicable state and federal laws and regulations, with respect to the Loans and the activities of Broker. The Broker and each other person involved in the Loan transaction is in full compliance in all respects with all rules and regulations of all real estate and mortgage lending regulatory and supervisory agencies as are applicable to Broker and such person(s). Broker covenants to maintain all licenses and approvals on a current basis and to keep itself in good standing with such agencies. Broker further covenants to notify Lender immediately upon the suspension, revocation, expiration or other termination of any licenses or approvals, or the taking of any action by any such agency against Broker or such person(s) which could adversely affect the Broker's licenses and approvals. Broker will provide any necessary affiliated business arrangements disclosure to Borrower required by the Real Estate Settlement and Procedures Act. 3.8 Fees. Any fees (and the amount of such fees) imposed by Broker upon Borrower have been determined by negotiations between Borrower and Broker. The total fees to be received by Broker have been seperately itemized and fully disclosed to Borrower and Lender. 3.9 Services to Borrower. At all times during the term of this Agreement, with respect to each Borrower whose application has been submitted to Lender, Broker has observed and shall observe and fully discharge the duties owed by mortgage brokers to their clients under applicable law. In addition to having assisted Borrower in the completion of his or her loan application, Broker has fully and satisfactorily performed at least five (5) of the services set forth in Exhibit "A" to this Agreement. All services were performed and in accordance with accepted and customary standards in the mortgage lending industry generally, and Broker is not aware of any dispute or claim by any borrower that all such services were not fully and satisfactorily performed. 3.10 High Cost Mortgages. With respect to any Loan that is subject to the provisions of Section 226.31 amd Section 226.32 of Regulation Z implementing the Federal Truth-in-Lending Act, prior to the date of Broker's submission of Borrower's completed Loan application package to Lender, Broker has delivered a complete and accurate notice which satisfies all requirements of Sections 226.31 and 226.32 of Regulation Z. Broker has reviewed and analyzed Borrower's credit, income, debts and financial condition, discussed the results of its review and analysis with the Borrower and, based upon such review, analysis and discussion; Broker has a reasonable basis to believe that Borrower has the ability to repay the Loan in accordance with its terms. The Borrower has not signed a letter indicating, or otherwise notified Broker, that Borrower is unable to repay the Loan in accordance with its terms. 4. Status of Broker. Nothing in this Agreement shall be construed as the Broker being deemed a joint venturer, partner, representative, employee or agent of Lender. Broker shall not hold itself out as such, nor shall it use Lender's name in any advertising. Broker's decision to submit application packages to Lender has been made in consultation with Borrower. 5. Broker's Indemnification. Broker shall indemnify and hold Lender and its affiliates, shareholders, directors, officers, agents, employees, successors, and assigns harmless from and against, and shall reimburse the same with respect to, any and all loses, damages, demands, claims, liabilities, costs, and expenses, including reasonable attorneys fees, (collectively "Losses") from any cause whatsoever, incurred by reason of or arising out of or in connection with, (a) any breach of any agreement, covenant, representation or warranty contained in this Agreement; (b) Broker's failure to perform any obligation hereunder, (c) any claim by a Borrower resulting from Lender's lawful or refusal to fund a Loan; or (d) any claim by any third party that Broker is a joint venturer, partner, representative, employee or agent of, or otherwise associated or affiliated with, Lender. Broker's obligation to indemnify Lender under this Agreement shall arise upon Lender's incurring a Loss. 6. Lender's Rights. Broker's obligation to fully indemnify Lender under this Agreement shall not be affected by Lender taking any of the following actions with or without notice to Broker (a) liquidation, repayment, retirement, or sale or resale of any Loan, (b) foreclosure of any Loan, or (c) sale or resale of the property securing any Loan. 7. Disclosure of Information. Broker acknowledges and agrees that Lender may report to appropriate state or federal regulatory authorities or law enforcement agencies instances of Broker making any misstatement in connection with a Loan, or Broker's knowingly aiding a Borrower or any other party involved in the Loan transaction to do the same. In addition, Broker shall make prompt, timely, full, accurate and truthful disclosures to Lender of all facts, information and documentation which Broker may know, suspect, or have notice of, which could affect or has affected the validity, collectibility, collateral value, security, and enforceablility of any Loan brokered by Broker for funding by Lender. 8. Term of Agreement. This Agreement may be terminated at any time by written notice by the terminating party. Said termination will not affect the righs or duties of the parties as to any loans brokered hereunder. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the state of California. 10. Miscellaneous. 10.1 Right to Offset. Amounts owed by Broker to Lender under this Agreement may, at Lender's option and in its sole discretion, be offset by Lender against any payments then or thereafter owed by Lender to Broker. 10.2 Notices. All notices required hereunder shall be in writing and shall be deemed to have been given, made, and received only (a) upon delivery, if personally delivered to a party; (b) one business day after the date of dispatch, if by facsimile transmission or electronic transmission; (c) one business day after deposit, if delivered by a nationally recognized courier service offering guaranteed overnight delivery; or (d) three business days after deposit in the United States first class mail, certified mail, postage prepaid, return receipt requested, to the address appearing on the signature page of this Agreement. 10.3 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 10.4 Assignment. Broker may not assign this Agreement or its duties hereunder. 10.5 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement modification, or amendment shall be binding unless executed in writing by both parties. 10.6 Waivers or Remedies. Failure or delay to exercise any right or remedy available under this Agreement or at law or equity, shall not act as a waiver of any other right or remedy, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. All remedies shall be cumulative and nonexclusive. 10.7 Partial Invalidity. If any provision of this Agreement is held invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 10.8 Futher Assurances. Each party shall perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. In the event any borrower(s) exercises his, her or their right of rescission, Broker shall promptly pay to Lender or Funding Lender all amounts collected by Broker from Borrower in connection with the Loan, except where such amounts were disbursed by Broker to third party service providers. 10.9 No Solicitation. Loans originated by Broker for funding by Lender shall not be solicitated by Broker for Loans for a period of 12 months from the date the Loan is funded by Lender. Borrowers requesting a loan from Broker within the 12-month period must be referred to Lender. 10.10 Blast Fax Policy. As an Approved Broker, Capstone will blast fax to you in some capacity. It is our intent to supply your company with rate sheets, flyers, special rates and other announcements in a manner that is helpful to your business. To insure that you are in agreement with our current blast faxing to your company, we want to make you aware of the methods in which you can be removed from our distribution list. (a) E-Mail email@example.com. (b) Phone your branch. There is a toll-free number on all faxed correspondence. Your local branch can also be found on our website at www.capstoneb2b.com. (c) Fax item to (805) 496-4878 with "Remove from fax" written on it along with the fax number to be removed. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Broker Agreement as of the date first set forth above. Broker Business Name: Lender: CAPSTONE DIRECT, INC. License No.: Expiration Date: Address: Address: 200 N. Westlake Blvd., Suite 105 City, State, Zip: City, State, Zip: Westlake Village, CA 91362 Telephone: Telephone: (866) 427-4827 Fax: Fax: (805) 469-4878 By (Please Print): By (Please Print): Signature: Signature: Title: Date: Title: Date: EXHIBIT A (a) Taking information from the applicant and filling out the application. Filling out a prospective borrower's worksheet may substitute for the act of filling out a mortgage loan application if, for reasons of efficiency, the lender prefers to have the actual application filled out in a central location. (b) Analyzing the applicant's income and debt and prequalifying the borrower to determine the maximum amount the applicant can afford. (c) Educating the borrower in the home-buying and financing process, advising the borrower about the different types of loan products available, and demonstrating how closing costs and monthly payments would vary under each product. (d) Collecting financial information (for example, tax returns, bank statements) and other related documents that are part of the application process. (e) Initiating or ordering verifications of employment (VOEs) and verifications of deposit (VODs). (f) Initiating or ordering requests for mortgage and other loan verifications. (g) Initiating or ordering appraisals. (h) Initiating or ordering inspections or engineering reports. (i) Providing required legal disclosures (Truth-in-Lending, Good Faith Estimate, others) to the applicant. (j) Assisting the applicant in understanding and clearing credit problems. (k) Maintaining regular contact with the applicant, real estate broker or salesperson, and lender, between application and closing to apprise them of the status of the application and to gather any additional information as needed. (l) Ordering legal documents. (m) Determining whether the secured property is located in a flood zone or ordering flood determination. (n) Participating in the loan closing. BROKER PLEDGE - FAIR & RESPONSIBLE LENDING IT IS AGAINST CAPSTONE DIRECT, INC. (CAPSTONE) POLICY TO DISCRIMINATE ON ANY BASIS, INCLUDING A LOAN APPLICANT'S RACE, NATIONAL ORIGIN, RELIGION, MARITAL STATUS, GENDER, OR AGE. Doing the Right Thing is the core value of Capstone. Any act of discrimination violates Capstone's policy and its corporate philosophy of doing business. Our stand on nondiscrimination is absolute; there is zero tolerance for any discriminatory act or behavior. Treating everyone fairly, and making decisions based solely on creditworthiness is Doing the Right Thing, plain and simple. It is our policy and our practice to comply fully with the letter and spirit of fair lending and all other laws regulating our industry. We expect all brokers to fully understand fair lending practices and to deal fairly and equally with all loan applicants. We insist that all negotiations be in good faith and without bias. We require that the letter and the spirit of fair lending practices, the following Federal laws, and all statutes governing lending and equal rights be complied within each jurisdiction that the broker conducts business. LAW SUMMARY Prohibits discrimination in lending based on prohibited factors (race, color, religion, national origin, handicap, familial status, gender, and age). Also prohibits practices such as Fair Housing Act (FHA) redlining, making excessively low appraisals, use of subjective or non-reviewable criteria, creating and exploiting a racially exclusive image, expressing intent to discriminate, and discriminating against women. http://www.hud.gov/offices/fheo/FHLaws/index.cfm Prohibits discouraging applications and limits the manner in which lenders can inquire about marital status, spouses, former spouses, alimony and child support. Also establishes Equal Credit Opportunity Act (ECOA) requirements for lenders such as providing copies of appraisals, providing appropriate disclosures and preserving records from the application transaction. http://www.ftc.gov/bcp/conline/pubs/credit/ecoa/htm Regulates the activities of reporting agencies and the users of credit information and protects indivuduals from invasion of privacy and the dissemination of false or inaccurate information. Fair Credit Reporting Act (FCRA) Requires disclosures when adverse action is taken. http://www.ftc.gov/os/statutes/fcra.htm Requires lenders to collect certain information about the loans they make so the government Home Mortgage Disclosure Act can track applications and ensure lenders are taking and approving applications equally for (HMDA) all groups of people. http://www.ffiec.gov/hmda/ Requires the disclosure of information about the lender, amount financed, and finance charge, payments, security and interest rate. Also establishes that borrowers have a right to Truth in Lending Act (TILA) rescind most loans secured by their primary residence within three business days of loan closing. http://www.federalreserve.gov/regulations/title12/sec226/12cfr226_01.htm Requires lenders to provide advance disclosure information on loan settlement procedures and costs. Also regulates the ways in which referrals between companies can be made and Real Estate Settlement Procedures establishes parameters for the amount of money borrowers are required to place in an Act (RESPA) escrow account established for taxes and insurance. http://www.hud.gov/offices/hsg/sfh/res/respa_hm.cfm Establishes parameters regarding the manner in which telemarketing can be conducted. Specifies times during which telemarketing is permitted, information that must be disclosed Telemarketing Sales Rule to consumers during telemarketing, and that records must be kept of telemarketing transactions. http://www.ftc.gov/bcp/telemark/rule.htm As a condition of entering into and maintaining a business relationship with Capstone Direct, Inc., the undersigned: (1) acknowledges understanding of Capstone's fair lending policy (2) agrees to comply with the letter and spirit of all Federal, State, and local licensing, lending, disclosure, and consumer protection laws; (3) agrees to educate its principals, employees, affiliates, and agents about fair lending practices and the above laws; and (4) agrees to advise Capstone immediately upon ascertaining any violation of the above laws by principals, employees, affiliates, thrid-party service providers or agents. Broker Company: License Number: Broker of Record: Date: Broker/Owner Signature: Form (Rev. November 2005) W-9 Request for Taxpayer Give form to the requester. Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service Name (as shown on your income tax return) See Specific Instructions on page 2. Business name, if different from above Print or type Individual/ Exempt from backup Corporation Partnership Other Check appropriate box: Sole proprietor withholding Address (number, street, and apt. or suite no.) Requester’s name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident – – alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S. person Date Purpose of Form ● An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number ● A partnership, corporation, company, or association (TIN) to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or ● Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a) for additional U.S. person. Use Form W-9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners’ share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the 3. Claim exemption from backup withholding if you are a withholding tax. Therefore, if you are a U.S. person that is a U.S. exempt payee. partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners’ share of effectively connected income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding Note. If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the request your TIN, you must use the requester’s form if it is partnership conducting a trade or business in the United substantially similar to this Form W-9. States is in the following cases: For federal tax purposes, you are considered a person if you ● The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Form W-9 (Rev. 11-2005) Form W-9 (Rev. 11-2005) Page 2 ● The U.S. grantor or other owner of a grantor trust and not 3. The IRS tells the requester that you furnished an the trust, and incorrect TIN, ● The U.S. trust (other than a grantor trust) and not the 4. The IRS tells you that you are subject to backup beneficiaries of the trust. withholding because you did not report all your interest and Foreign person. If you are a foreign person, do not use dividends on your tax return (for reportable interest and Form W-9. Instead, use the appropriate Form W-8 (see dividends only), or Publication 515, Withholding of Tax on Nonresident Aliens 5. You do not certify to the requester that you are not and Foreign Entities). subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the Certain payees and payments are exempt from backup terms of a tax treaty to reduce or eliminate U.S. tax on withholding. See the instructions below and the separate certain types of income. However, most tax treaties contain a Instructions for the Requester of Form W-9. provision known as a “saving clause.” Exceptions specified Also see Special rules regarding partnerships on page 1. in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient Penalties has otherwise become a U.S. resident alien for tax purposes. Failure to furnish TIN. If you fail to furnish your correct TIN If you are a U.S. resident alien who is relying on an to a requester, you are subject to a penalty of $50 for each exception contained in the saving clause of a tax treaty to such failure unless your failure is due to reasonable cause claim an exemption from U.S. tax on certain types of income, and not to willful neglect. you must attach a statement to Form W-9 that specifies the Civil penalty for false information with respect to following five items: withholding. If you make a false statement with no 1. The treaty country. Generally, this must be the same reasonable basis that results in no backup withholding, you treaty under which you claimed exemption from tax as a are subject to a $500 penalty. nonresident alien. Criminal penalty for falsifying information. Willfully 2. The treaty article addressing the income. falsifying certifications or affirmations may subject you to 3. The article number (or location) in the tax treaty that criminal penalties including fines and/or imprisonment. contains the saving clause and its exceptions. Misuse of TINs. If the requester discloses or uses TINs in 4. The type and amount of income that qualifies for the violation of federal law, the requester may be subject to civil exemption from tax. and criminal penalties. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Specific Instructions Example. Article 20 of the U.S.-China income tax treaty Name allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the If you are an individual, you must generally enter the name United States. Under U.S. law, this student will become a shown on your income tax return. However, if you have resident alien for tax purposes if his or her stay in the United changed your last name, for instance, due to marriage States exceeds 5 calendar years. However, paragraph 2 of without informing the Social Security Administration of the the first Protocol to the U.S.-China treaty (dated April 30, name change, enter your first name, the last name shown on 1984) allows the provisions of Article 20 to continue to apply your social security card, and your new last name. even after the Chinese student becomes a resident alien of If the account is in joint names, list first, and then circle, the United States. A Chinese student who qualifies for this the name of the person or entity whose number you entered exception (under paragraph 2 of the first protocol) and is in Part I of the form. relying on this exception to claim an exemption from tax on Sole proprietor. Enter your individual name as shown on his or her scholarship or fellowship income would attach to your income tax return on the “Name” line. You may enter Form W-9 a statement that includes the information your business, trade, or “doing business as (DBA)” name on described above to support that exemption. the “Business name” line. If you are a nonresident alien or a foreign entity not subject Limited liability company (LLC). If you are a single-member to backup withholding, give the requester the appropriate LLC (including a foreign LLC with a domestic owner) that is completed Form W-8. disregarded as an entity separate from its owner under What is backup withholding? Persons making certain Treasury regulations section 301.7701-3, enter the owner’s payments to you must under certain conditions withhold and name on the “Name” line. Enter the LLC’s name on the pay to the IRS 28% of such payments (after December 31, “Business name” line. Check the appropriate box for your 2002). This is called “backup withholding.” Payments that filing status (sole proprietor, corporation, etc.), then check may be subject to backup withholding include interest, the box for “Other” and enter “LLC” in the space provided. dividends, broker and barter exchange transactions, rents, Other entities. Enter your business name as shown on royalties, nonemployee pay, and certain payments from required federal tax documents on the “Name” line. This fishing boat operators. Real estate transactions are not name should match the name shown on the charter or other subject to backup withholding. legal document creating the entity. You may enter any You will not be subject to backup withholding on payments business, trade, or DBA name on the “Business name” line. you receive if you give the requester your correct TIN, make Note. You are requested to check the appropriate box for the proper certifications, and report all your taxable interest your status (individual/sole proprietor, corporation, etc.). and dividends on your tax return. Payments you receive will be subject to backup Exempt From Backup Withholding withholding if: If you are exempt, enter your name as described above and 1. You do not furnish your TIN to the requester, check the appropriate box for your status, then check the 2. You do not certify your TIN when required (see the Part “Exempt from backup withholding” box in the line following II instructions on page 4 for details), the business name, sign and date the form. Form W-9 (Rev. 11-2005) Page 3 Generally, individuals (including sole proprietors) are not Part I. Taxpayer Identification exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Number (TIN) interest and dividends. Enter your TIN in the appropriate box. If you are a resident Note. If you are exempt from backup withholding, you alien and you do not have and are not eligible to get an SSN, should still complete this form to avoid possible erroneous your TIN is your IRS individual taxpayer identification number backup withholding. (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. Exempt payees. Backup withholding is not required on any payments made to the following payees: If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that 1. An organization exempt from tax under section 501(a), you use your SSN. any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), If you are a single-owner LLC that is disregarded as an entity separate from its owner (see Limited liability company 2. The United States or any of its agencies or (LLC) on page 2), enter your SSN (or EIN, if you have one). If instrumentalities, the LLC is a corporation, partnership, etc., enter the entity’s 3. A state, the District of Columbia, a possession of the EIN. United States, or any of their political subdivisions or Note. See the chart on page 4 for further clarification of instrumentalities, name and TIN combinations. 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, 5. An international organization or any of its agencies or Application for a Social Security Card, from your local Social instrumentalities. Security Administration office or get this form online at Other payees that may be exempt from backup www.socialsecurity.gov. You may also get this form by withholding include: calling 1-800-772-1213. Use Form W-7, Application for IRS 6. A corporation, Individual Taxpayer Identification Number, to apply for an 7. A foreign central bank of issue, ITIN, or Form SS-4, Application for Employer Identification 8. A dealer in securities or commodities required to register Number, to apply for an EIN. You can apply for an EIN online in the United States, the District of Columbia, or a by accessing the IRS website at www.irs.gov/businesses and possession of the United States, clicking on Employer ID Numbers under Related Topics. You 9. A futures commission merchant registered with the can get Forms W-7 and SS-4 from the IRS by visiting Commodity Futures Trading Commission, www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). 10. A real estate investment trust, If you are asked to complete Form W-9 but do not have a 11. An entity registered at all times during the tax year TIN, write “Applied For” in the space for the TIN, sign and under the Investment Company Act of 1940, date the form, and give it to the requester. For interest and 12. A common trust fund operated by a bank under dividend payments, and certain payments made with respect section 584(a), to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are 13. A financial institution, subject to backup withholding on payments. The 60-day rule 14. A middleman known in the investment community as a does not apply to other types of payments. You will be nominee or custodian, or subject to backup withholding on all such payments until you 15. A trust exempt from tax under section 664 or provide your TIN to the requester. described in section 4947. Note. Writing “Applied For” means that you have already The chart below shows types of payments that may be applied for a TIN or that you intend to apply for one soon. exempt from backup withholding. The chart applies to the Caution: A disregarded domestic entity that has a foreign exempt recipients listed above, 1 through 15. owner must use the appropriate Form W-8. IF the payment is for . . . THEN the payment is exempt for . . . Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt recipients 1 through 5 and patronage dividends Payments over $600 required Generally, exempt recipients 2 to be reported and direct 1 through 7 sales over $5,000 1 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees; and payments for services paid by a federal executive agency. Form W-9 (Rev. 11-2005) Page 4 Part II. Certification What Name and Number To Give the To establish to the withholding agent that you are a U.S. Requester person, or resident alien, sign Form W-9. You may be For this type of account: Give name and SSN of: requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. 1. Individual The individual For a joint account, only the person whose TIN is shown in 2. Two or more individuals (joint The actual owner of the account Part I should sign (when required). Exempt recipients, see account) or, if combined funds, the first Exempt From Backup Withholding on page 2. individual on the account 1 Signature requirements. Complete the certification as 3. Custodian account of a minor The minor 2 indicated in 1 through 5 below. (Uniform Gift to Minors Act) 1 4. a. The usual revocable The grantor-trustee 1. Interest, dividend, and barter exchange accounts savings trust (grantor is opened before 1984 and broker accounts considered also trustee) active during 1983. You must give your correct TIN, but you b. So-called trust account The actual owner 1 do not have to sign the certification. that is not a legal or valid 2. Interest, dividend, broker, and barter exchange trust under state law 3 accounts opened after 1983 and broker accounts 5. Sole proprietorship or The owner considered inactive during 1983. You must sign the single-owner LLC certification or backup withholding will apply. If you are For this type of account: Give name and EIN of: subject to backup withholding and you are merely providing 3 6. Sole proprietorship or The owner your correct TIN to the requester, you must cross out item 2 single-owner LLC in the certification before signing the form. 4 7. A valid trust, estate, or Legal entity 3. Real estate transactions. You must sign the pension trust certification. You may cross out item 2 of the certification. 8. Corporate or LLC electing The corporation 4. Other payments. You must give your correct TIN, but corporate status on Form you do not have to sign the certification unless you have 8832 been notified that you have previously given an incorrect TIN. 9. Association, club, religious, The organization “Other payments” include payments made in the course of charitable, educational, or the requester’s trade or business for rents, royalties, goods other tax-exempt organization (other than bills for merchandise), medical and health care 10. Partnership or multi-member The partnership services (including payments to corporations), payments to a LLC nonemployee for services, payments to certain fishing boat 11. A broker or registered The broker or nominee crew members and fishermen, and gross proceeds paid to nominee attorneys (including payments to corporations). 12. Account with the Department The public entity of Agriculture in the name of 5. Mortgage interest paid by you, acquisition or a public entity (such as a abandonment of secured property, cancellation of debt, state or local government, qualified tuition program payments (under section 529), school district, or prison) that IRA, Coverdell ESA, Archer MSA or HSA contributions or receives agricultural program distributions, and pension distributions. You must give payments your correct TIN, but you do not have to sign the certification. 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name and you may also enter your business or “DBA” name on the second name line. You may use either your SSN or EIN (if you have one). If you are a sole proprietor, IRS encourages you to use your SSN. 4 List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules regarding partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.
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