Real Estate Loan Agreement
Loan Review Form
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FEE INFORMATION (Not to be Distributed outside of LCC) |
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1. Exit Fee: |
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2. Spread Maintenance Fee: |
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3. Spread Maintenance Fee and/or Exit Fee waived for Refinance? |
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I. Property Information : |
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a) Property Name(s): |
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b) Property Location(s): |
55 East Birch Street, Chicago, Illinois 55 East Sears Street, Chicago, Illinois 55 East Wisconsin Street, Chicago, Illinois 55 West Ash Street, Chicago, Illinois 5555 South Knox Road, Las Vegas, Nevada
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c) Property Type(s): |
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d) Mortgaged Interest(s) (Fee / Leasehold / Condo): |
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II. Basic Loan Information: |
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1. Principal Amount at Closing: |
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2. Origination Date: |
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3. First Payment Date: |
April 9, 2019. |
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4. Amortization Term (# of months, description if non-standard amortization schedule): |
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5. Interest Only Term, if any (# of months): |
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6. Fixed/Floating: |
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7. Interest Rate: |
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8. Default Rate: |
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9. Late Payment Fee: |
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10. Monthly Debt Service Payment (after any Interest Only period): |
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11. If floating, LIBOR details (reset, floor, rounding, etc.): |
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12. If floating, was a rate cap obtained (and, if so, indicate strike rate): |
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13. Maturity Date: |
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14. Extension Options (including rate changes and conditions): |
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15. Grace Period for principal and interest payments: |
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16. Grace Period for events of default: |
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17. First Mortgage Lien (Yes/No): |
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18. Cross collateralized or cross defaulted with any other loan (Yes/No): |
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19. Future Advances (Yes/No); Use of Proceeds; Material Conditions to Advances: |
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20. Interest Accrual (confirm Actual/360): |
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III. Prepayments: |
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1. Prepayments permitted: |
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a. Prepayment in full permitted (Yes/No; if yes, indicate lockout period): |
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b. Partial prepayment permitted (Yes/No; if yes, indicate lockout period): |
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c. Day of Month Prepayment Permitted: |
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2. If multiple properties, can individual properties be released (if so, indicate release price formula and the nature of any related DSCR test): |
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IV. Borrower/Sponsor |
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1. Borrower Names: |
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2. State of Organization: |
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3. Is Borrower required to be an SPE (and if Borrower is an LP, is GP required to be an SPE): |
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4. Two independent directors required (Yes/No): |
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5. Nonrecourse carveout guaranty executed by sponsor? If yes, indicate name of sponsor and, if relevant, type of entity and state of formation. |
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6. Transfers of equity in borrower in excess of 49% prohibited, except to entities pre-approved in loan documents or meeting financial criteria set forth in loan documents? |
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V. Property Management |
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1. Name of Manager: |
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VI. Cash Management |
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1. Lockbox Type (none/springing/soft springing/hard): |
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2. Tenants pay into lockbox or cash management account under lender control from inception of loan? (If “No” explain trigger for requiring payments into a lockbox – EOD/DSCR/Debt Yield/Occupancy/Lease Sweep/Guarantor) |
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3. No monthly release of revenues to Borrower until amount sufficient for reserves and debt service accumulates in cash management account? |
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4. Cash Management Bank required to be an “eligible institution” and all collateral accounts are required to be “eligible accounts”? |
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5. Collateral accounts pledged to lender? |
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6. Cash trap if NOI, Debt Yield, Occupancy or DSCR falls below threshold (if “Yes”, indicate threshold level). |
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7. Cash trap during an Event of Default (Yes/No): |
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8. Upfront Reserves For: |
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a. Deferred Maintenance (Immediate repair) |
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b. TI/LCs (Rollover Reserve) |
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c. Unfunded Obligations |
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d. Capex |
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e. FF&E |
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f. Other |
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9. Ongoing reserves for (indicate if required at all times, or only during trigger period): |
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a. Tax & Insurance |
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b. TI/LC (Rollover Reserve) |
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c. Capex |
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d. FF&E |
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e. Other |
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VII. Permitted Debt/Encumbrances |
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1. No additional debt, except for trade payables and ordinary course equipment leases and indemnities? |
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2. Trade payables may not exceed: |
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3. Mezz debt prohibited: |
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4. Preferred equity prohibited: |
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5. Restrictions on Encumbrances: |
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VIII. Insurance |
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1. Types of Coverage |
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a. Casualty required |
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b. Liability required |
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c. Flood if in 100 year flood plain required |
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d. Ordinance and law coverage required if property non-conforming |
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e. Earthquake required if in seismic zone |
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a. PML if required: |
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f. Windstorm required |
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g. Business Interruption required (indicate number of months) |
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h. Workers compensation |
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i. Terrorism (specify cap, if any) |
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j. Insurance catchall |
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2. Minimum ratings for insurers |
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3. Lender holds loss proceeds over a threshold that does not exceed 5% of Loan Amount |
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4. Insurance certificates name lender, together with its successors and assigns as additional insured and loss payee, as applicable? |
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IX. Miscellaneous |
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1. Is lender approval required for any major lease (or any termination or amendment thereof)? |
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