AGREEMENT TO SEEK A LENDER (Agency Agreement)
Exhibit
10.5
AGREEMENT
TO SEEK A LENDER
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Date:
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Loan
No.:
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I engage
REDWOOD MORTGAGE (the Broker) to act as my exclusive agent to find a lender or
lenders willing to loan money to me in the principal amount of $_________
bearing interest at ________ percent (____%) per annum according to the terms of
the Mortgage Loan Disclosure Statement/Good Faith Estimate (the Disclosure
Statement) I have executed with Broker, a copy of which is attached to this
Agreement, or upon other terms and conditions as I approve. The loan
is to be secured by a Deed of Trust on real property owned entirely or in part
by me at _______________.
I agree
to pay a brokerage commission, processing charges and fees for arranging the
loan in accordance with the Disclosure Statement.
If my
loan application is approved by Broker in its sole discretion, Broker shall use
its best efforts to obtain a lender or lenders willing to loan the requested
funds to me. The Broker shall have the exclusive right to act as my
agent in this regard for a period of sixty (60) days from the date the loan
application is approved, except that if this loan application is for a loan
which is subject to California Business and Professions Code 10243, then the
period of agency shall be forty five (45) days from the date the loan
application is approved.
I
recognize that in addition to acting as my agent, Broker may also be acting as
agent for lenders seeking borrowers such as private parties, institutional
lenders or government agencies, including the lender which ultimately lends me
money. I agree that Broker may act as dual agent for me and for any
lender to me. In addition, I recognize that Broker may, if it so
chooses, lend me its own funds or funds which it controls.
Broker
shall incur no liability to me if it is unable to obtain a lender interested in
loaning money to me, and Broker has no obligation to loan me its own
funds.
If loan
funds are not disbursed because of any information I fail to disclose
accurately, for instance the existence and terms of any lien affecting the
property which will be security for this loan, or actual title to such property,
I understand that Broker has performed its duties and may incur expenses and
liabilities to other parties. Therefore, I agree to pay Broker the
commission and all other expenses incurred in arranging the loan as listed in
the Disclosure Statement as may be provided by law.
I hereby
authorize Broker to deliver to a prospective lender credit information available
to Broker, including reports received from Credit Reporting
Agencies.
If
applicable, Broker shall retain possession of original Note and original Deed of
Trust, and forward them in accordance with the instructions of the
lender.
I
recognize and agree that this agreement may be terminated by Broker at any time
before funding of the loan to me. I further recognize and agree that
this agreement shall automatically terminate when the loan funds are disbursed
to me and that Broker has no further obligations to me at that time and that
Broker may continue to act as agent for lender during the time the loan to me is
outstanding.
I agree
that all claims or disputes between me and Broker arising out of or relating to
the loan, including Broker’s arranging of the loan and my disclosure of
information to Broker shall be determined by binding arbitration in accordance
with the rules of the American Arbitration Association and that the judgment of
the arbitrators may be entered in a court of law. I UNDERSTAND THAT BY SIGNING THIS
AGREEMENT I AM GIVING UP THE RIGHT TO A JURY OR COURT TRIAL AND AGREEING TO HAVE
DISPUTES DECIDED BY NEUTRAL ARBITRATORS.
1
I have
read the above Agreement and I do agree.
____________________________________________ ________________________
(Date)
____________________________________________ ________________________
(Date)
THE
REAL PROPERTY WHICH WILL SECURE THE REQUESTED LOAN IS MY RESIDENCE
Yes
______ No
_______
(BORROWER
INITIAL YES OR NO)
2
