Loan Referral Fee Agreement - PDF by muu40972


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									                        COMMERCIAL REFERRAL AGREEMENT

The undersigned parties agree to the following terms and conditions regarding to the referring of
commercial mortgage loans by ________________________________________the “Company” to
National Capital Associates (NCA).

The Company represents and warrants that it is duly organized and validly existing entity in good standing
under applicable laws of the State of _____________________ and is properly licensed, if applicable, and
registered, if applicable, in such State or other States in which it is engaged in the business of originating
mortgage loans, or other business related services, and that it has the requisite authority and capacity to
enter into this Agreement. Company’s compliance with terms and conditions of this Agreement will not
violate any provisions of its charter documents, any instrument relating t the conduct of its business, or any
other agreement, law, rule, order, judgment, decree or regulation to which it may be a party or by which it
is bound, or under which it may be governed. Additionally, Company represents and warrants that the
officer signing this Agreement on behalf of the Company is authorized to sign this Agreement and is
empowered to commit Company to the terms and conditions thereof.

    1) The mortgages in questions may only be NON-RESPA governed commercial real estate, and non-
       real estate commercial loans.

    2) In all cases, Company affirms it has advised the borrower that he/she will be contacted by a NCA
       representative in the immediate future (or as otherwise agreed upon by both parties).

    3) Underwriting and loans approvals can only be granted by NCA’s lenders, the Company must
       refrain at all times from offering any opinions regarding the status of a loan in process.

    4) Other than the referral fee agreed upon in this agreement, the Company is prohibited from
       receiving directly or indirectly any form of compensation in relation to the commercial mortgage
       loan in question.

    5) Following closing NCA shall pay Company a fee equal to _______________ of the loan amount.
       The Company shall not participate in any other typical fees such as processing fees, administrative
       fees, etc., that NCA may elect to charge borrowers from time to time. NCA is free to negotiate and
       charge the borrower whatever origination fee that NCA alone deems appropriate.

    6) Examples of the Company’s potential referral fee is as follows as defined in paragraph #5 above.

                  Loan amount:                $ 750,000.00               $750,000
                  25 bps due Company          $ 1,875.00           50bps $ 3,750

    7) NCA shall remit to Company the total referral fees earned on or before 30 days from the close of
       the previous month or as early as deemed possible.

    8) Company shall provide NCA with a property executed IRS form W-9.

    9) NCA reserves the sole and exclusive right to terminate this referral program at anytime. In that
       case NCA shall remit to Company those referral fees earned under this agreement as prescribed

    10) The Company understands that NCA distributes information on a periodic basis via fax and/or e-
        mail. By execution of this agreement, Company gives permission for distribution of this type.
Company Information:

Mailing Address: _________________________________________________________

City: ________________________________     State: ______________ Zip: __________

Number of branches: ____________________ Number of loan officers: _____________

Primary business function/service: ____________________________________________

States currently
Conducting business: ______________________________________________________

Phone: _____________________        Fax: ________________________

E-mail: ___________________________________

Primary contacts:

_____________________________________       @ e-mail: ________________________

_____________________________________       @ e-mail: ________________________

_____________________________________       @ e-mail: ________________________

Agreed to on this ________________ day of __________________, 20 ______.

As to the Company:                                  As to National Capital Association:

Company: ___________________________________

By: ________________________________________        By: ___________________________

Its: ________________________________________       Its: ____________________________

Print name: _________________________________       Print name: _____________________

Nov. 2008

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