Fillable Printable Multistate Construction Loan Agreement Form
Fillable Printable Multistate Construction Loan Agreement Form
Multistate Construction Loan Agreement Form
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
(page 1 of 16 pages)
[LENDER]
CONSTRUCTION LOAN AGREEMENT
THIS IS A MODEL DOCUMENT FOR USE IN HOMESTYLE LOAN TRANSACTIONS. THIS
FORM IS PROVIDED AS AN EXAMPLE AND IS NOT VALID AND ENFORCEABLE IN ALL
JURISDICTIONS. LENDERS SHOULD CONSULT WITH LEGAL COUNSEL TO ENSURE
THAT ALL FORMS USED TO ORIGINATE LOANS ARE APPROPRIATE, AND THAT ALL
LEGAL INSTRUMENTS ARE COMPLETED CORRECTLY AND IN COMPLIANCE WITH
APPLICABLE LAW.
THIS CONSTRUCTION LOAN AGREEMENT (“Loan Agreement”) dated ______________, _____,
is made by and between: ________________________________________________________________
(“Borrower”, “I”, “me” or “my”), and _____________________________________________________,
a ______________________________________ having a principal place of business at
___________________________________________________ (“Lender”).
1. ABOUT THIS LOAN AGREEMENT
1.1. Certain Terms of This Loan Agreement. The terms of this Loan Agreement preceded
by a “
” are part of this Loan Agreement only if the box is checked.
1.2. Lender’s Loan to Me. I have signed a Promissory Note payable to Lender (“Note”).
The Note is for the loan by Lender to me in the principal amount of
$_________________ (“Loan”). The purpose of the Loan is:
to purchase the real property described in Exhibit “A” to this Loan Agreement
(“Property”);
to pay in full any outstanding liens on the Property;
to pay for labor and materials to construct certain improvements (“Improvements”) on
the Property (“Work”).
“Property” includes the Improvements. The Work is described in the Schedule of
Advances attached as Exhibit “B” to this Loan Agreement. I also have executed a
Mortgage, Open-end Mortgage, Deed of Trust, Credit Line Deed of Trust or Trust
Indenture (“Security Instrument”) granting Lender a
first second priority lien on the
Property. In this Loan Agreement, “Loan Documents” means the Note, the Security
Instrument, and this Loan Agreement. All terms defined in the Note and the Security
Instrument shall have the same meaning in this Loan Agreement.
2. MY AGREEMENTS
2.1. The Work.
2.1.1. My Contractor. I will enter into a written agreement (“Construction Contract”)
with _____________________________________________________________
with offices at _____________________________________________________
(“Contractor”) for all the Work. The Construction Contract will state the total
amount that I will pay Contractor for the Work (“Contract Price”), and will
include (i) the blueprints, shop drawings, plans and specifications for the Work
(“Plans”); (ii) a written itemization of the Work and the Contract Price
(“Construction Budget”); and (iii) an itemized description of each segment of the
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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Work (each a “Stage”) that sets the timetable for completing the Work, and the
corresponding payments for the Work (“Work and Payment Schedule”). I will
give Lender a copy of the Construction Contract. I will have no other
agreements for the Work. The Contractor will give Lender the name, address
and telephone number of each person that has a contract with Contractor to
supply materials or labor for the Work (each, a “Supplier”). I will give
Contractor a copy of this Loan Agreement.
2.1.2. Permits. I will get, and keep in force, all approvals of the Work (each, a
“Permit”) that are required by any federal, state, county, or local government
agency (each, a “Government Authority”). I will comply with all applicable laws
of any Government Authority (“Government Regulations”). Contractor will have
any license required by any Government Authority. I will get from Contractor
and give Lender copies of all licenses and Permits required by Government
Authorities.
2.1.3. Change Orders. Any change in the Contract Price, the Work or the Work and
Payment Schedule must be in a written agreement signed by me and Contractor
and approved by Lender (“Change Order”).
2.1.4. Care of the Property. If Lender requests, I will provide Lender with a certified
report that the Property is free of wood-boring insects. I will comply with all of
the recommendations of any engineer making any soil report for the Property. I
will notify Lender immediately of any fire or other casualty relating to the
Property or the Work.
2.1.5. Completing the Work. The Work will begin promptly after I sign the Loan
Documents. The Work will continue diligently and in a good and workmanlike
manner in strict accordance with the Construction Contract and all Government
Regulations. The Work will not violate any of the conditions, covenants or
restrictions on the Property.
I will notify Lender immediately in writing if (i) I think that the Work does not
comply with the Construction Contract or this Loan Agreement; (ii) any notice of
lien on the Property is served on me or Contractor; or (iii) any Government
Authority issues any notice or claim relating to the Property.
I promise the Work will be completed on or before _________________
(“Completion Date”). Lender will accept the Work as completed when I satisfy
all of the conditions in Section 2.8.4.8 of this Loan Agreement (“Substantial
Completion”).
2.1.6. Inspections. Lender has the right to enter the Property to inspect the Work,
without notice to me, during normal business hours, or any other times that
Lender arranges with me. I will pay for all inspections performed at the request
of Lender or any Government Authority. Each inspection will cost
$___________________.
Lender inspections are for Lender’s benefit only. Lender’s inspections create no
liability or responsibility to me, Contractor, any Suppliers, or any third parties.
Lender is not obligated to inspect the Property or the Work.
2.1.7. I Am Responsible for the Work. I have full and sole responsibility to make
sure that the Work complies with the Plans and all Government Regulations.
Lender has no liability, obligation or responsibility for the Work. Lender is not
liable for any failure to construct, complete, protect, or insure the Work. Lender
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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is not liable for any costs of the Work. Nothing Lender does (including
inspecting the Work or making an advance) will be a representation or warranty
by Lender that the Work complies with the Construction Contract, this Loan
Agreement, the Permits or any Government Regulations. If Lender asks, I will
repair or replace at my expense any Work that does not comply with the Plans. I
have no right to assert or claim any offset, counterclaim or defense against
Lender because of any claim I may have against Contractor or any Suppliers.
2.2. Costs and Expenses. I will pay all costs and expenses required to satisfy the conditions
of this Loan Agreement, including any Change Orders.
2.3. No Other Financing. Until paid in full, the Loan will be my only financing for the
Work
the Property and the Work.
2.4. My Title to the Property.
I will get a title report as described in Section 2.4.1 of this Loan Agreement.
I will get title insurance as described in Section 2.4.2 of this Loan Agreement.
2.4.1. Title Report. I will get a title report, prepared by a title company or an attorney
admitted to practice in the jurisdiction where the Property is located, certified to
Lender (“Title Report”). The Title Report must show that the lien of the Security
Instrument will be a valid
first second priority lien on my interest in the
Property, and that the title to my interest in the Property is free and clear of all
defects and encumbrances except those Lender approves in writing.
2.4.2. Title Insurance. I will get and keep in force a mortgagee’s or lender’s policy of
title insurance (“Title Policy”). The Title Policy will insure: (i) that the total
amount of the lien of Lender’s Security Instrument is a valid
first second
priority lien on my interest in the Property; and (ii) that the title to my interest in
the Property is free and clear of all defects and encumbrances except those
Lender approves in writing.
At or prior to the closing of the Loan, I will provide Lender with the commitment
of the Title Company to issue the Title Policy (“Title Commitment”). When the
Work is completed, I will provide Lender with endorsements to the Title Policy
insuring Lender to the full amount of the Loan disbursed.
2.5. Survey. If Lender requests, I will provide and certify to Lender to the Title
Company
a survey of the Property a final as-built survey of the Property and the
Improvements, including dimensions and locations of all completed Improvements and
all easements or other rights or restrictions (each, a “Survey”). Each Survey must be
satisfactory to Lender
and to the Title Company.
2.6. Appraisal. If Lender requests, I will get an appraisal of the Property and the
Improvements. I will get the appraisal
before Lender disburses any part of the Loan
(“Initial Appraisal”)
before the final advance of the Loan (“Final Appraisal”). The
appraisal will show the value of the Property and the Improvements, using the
“as
built”
“drive-by” property value estimate tax assessment method. I Lender
will choose the appraiser. Each appraisal shall reflect an appraised value and be in form
and substance satisfactory to Lender.
2.7. Hazard Insurance.
2.7.1. The Contractor’s Insurance. The Contractor must get and keep in force the
following insurance policies (“Contractor’s Insurance”): (i) a builder’s all risk
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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insurance policy (with a mortgagee’s loss payable clause in favor of Lender and
with a physical loss form endorsement), without co-insurance, in an amount not
less than one hundred percent (100%) of the replacement cost of the
Improvements, with the standard conditions; (ii) public liability insurance with
limits of liability equal to at least $500,000 per occurrence; (iii) workers’
compensation insurance as required by applicable state law; and (iv) automobile
liability insurance with limits of liability equal to at least $300,000 per
occurrence. The Contractor’s Insurance will be in force until I accept the
Improvements.
2.7.2. My Insurance. I will get a standard hazard insurance policy as required by the
Security Instrument. This insurance will be effective when the Contractor’s
Insurance terminates.
2.8. The Loan.
2.8.1. Administration. Lender shall disburse the Loan proceeds (“Loan Proceeds”):
on the date the Loan closes (“Closing Date”), in escrow, to a federally insured
interest bearing account (“Escrow Account” or “Account”), to be disbursed by
Lender, or Lender’s escrow agent, as provided in Section 2.8.4.4 of this Loan
Agreement.
on the Closing Date, to me in the form of one or more checks, payable jointly
to me and Contractor or one or more Suppliers.
directly to me and Contractor, as provided in Section 2.8.4.4 of this Loan
Agreement.
2.8.2. Use of the Loan Funds.
2.8.2.1. Advances. “Advance” means Lender’s advance of any part of the
Loan under this Loan Agreement, or my endorsement and delivery of
any Loan Proceeds check to Contractor or a Supplier.
2.8.2.2. Loan Commitment Amount. As of the Closing Date, Lender
commits to disburse Loan principal in the total amount of the Loan
(“Loan Commitment Amount”). After the Closing Date, the Loan
Commitment Amount will equal the principal amount of the Loan
less the total amount of Advances made to date. Any Loan
Commitment Amount that remains after all Advances have been
made will be credited as a partial prepayment of the principal amount
of the Loan at the time of the final Advance. The partial prepayment
will reduce the
amount of number of my monthly payments. If,
at any time, the Loan Commitment Amount is not enough to pay the
amount scheduled for any Advance, I will pay the difference from
my own funds.
2.8.2.3. No Changes. Unless Lender agrees in writing first, I will not change
the Plans or the Construction Contract, or permit any part of any
Advance to be paid except as specified in the Schedule of Advances,
or in a Request for Advance.
2.8.2.4. Trust Fund. I will receive all Advances in trust. I will apply the
Advances first to the payment of the cost of the Work before using
any part for any other purpose.
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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2.8.3. The Escrow Account. If the Loan will be disbursed from an Escrow Account,
all interest on the Account will be paid to me. If Lender is a depository
institution that offers Escrow Accounts, the Account must be with Lender.
2.8.4. Advances; Conditions To Advances. Each of the promises I make in this Loan
Agreement shall be considered made again as of the time (i) Lender, or Lender’s
escrow agent, receives any request from me and Contractor for an Advance
(“Request for Advance”); or (ii) I endorse any Loan Proceeds check to
Contractor or a Supplier.
Lender will hold ______ percent of each Advance
for the Work (“Holdback”). Lender will disburse Holdback only as part of the
final Advance. Advances will be made as shown in the Schedule of Advances
(Exhibit “B”), but only if all the following conditions are satisfied:
2.8.4.1. Plans Approved. I have reviewed the Plans; the Plans are
satisfactory and have been approved by all Government Authorities
having jurisdiction over the Property and the Work.
2.8.4.2. Work Completed; Invoices and Lien Waivers. The Work for
which an Advance is requested has been completed in a good and
workmanlike manner, and complies with the Construction Contract,
the Plans, the Permits, and all Government Regulations.
2.8.4.3. My Financial Condition; No Defaults. There is no material
adverse change in my financial condition or employment status since
the time I applied for the Loan. I am not in default under any of the
Loan Documents or the Construction Contract. I have complied
completely with all of my promises about the Work (including the
promises in Section 2.1.5 of this Loan Agreement).
2.8.4.4. Request for Advance. If the Loan will be disbursed from an Escrow
Account, or directly by Lender, Contractor will deliver to Lender or
Lender’s escrow agent (i) a Request for Advance, in the form set
forth in Exhibit “C,” properly completed, and signed by me and
Contractor; (ii) the invoices for the Work; (iii) unconditional
construction lien waivers from Contractor and from Suppliers for all
Work covered by the Request for Advance and (iv) all other required
information described in the Request for Advance. Lender may rely
on my statements and Contractor’s statements in the Request for
Advance and on the invoices and lien waivers submitted by
Contractor. Lender does not have to verify any of that information.
The funds obtained with the Request for Advance will be used to pay
for the Work described in the Request for Advance.
2.8.4.5. Interest Reserve Account. If I elect to establish an Interest Reserve
Account, Lender shall make Advances to pay interest during the
Construction Phase. If the amount in the Interest Reserve Account is
not enough to pay interest that is due prior to the Permanent
Mortgage Date, I will pay those amounts directly to Lender from my
own funds. Unless and until Interest Reserves are paid into an
Escrow Account, no interest shall be paid by Lender on the Interest
Reserve Account.
2.8.4.6. Monthly Payment Reserve. My Loan is a Renovation Mortgage.
I elect Lender requires me to pay from the Loan Commitment
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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Amount the first __ monthly payments of principal and interest and
Escrow Items on the dates those payments become due. These
payments designated by Lender are called the “Monthly Payment
Reserve Account.”
If the amount in the Monthly Payment Reserve Account is not
enough to pay in full a payment of principal and interest or Escrow
Item, I will pay those amounts directly to Lender from my own
funds.
2.8.4.7. Loan Commitment Amount. The Loan Commitment Amount
remaining after each Advance will be enough to complete all the
Work.
2.8.4.8. Completion of Improvements. The Work will be completed as
required by this Loan Agreement.
Before the final Advance, I will deliver to Lender a copy of the
final inspection report,
the final title endorsement, a completion
certificate signed by me and Contractor,
the final, unconditional
certificate of occupancy issued by the Government Authority, if
required by law.
Within six months after the Work is completed, I will deliver to
Lender a copy of
the final inspection report, the final title
endorsement,
a completion certificate signed by me and
Contractor,
the final, unconditional certificate of occupancy issued
by the Government Authority, if required by law.
3. DEFAULT AND REMEDIES
3.1. Events of Default. I will be in default under this Loan Agreement and the other Loan
Documents if any of the following events (“Events of Default”) occurs:
3.1.1. Nonpayment. I fail to make any payment due under any Loan Document.
3.1.2. Other Broken Promises. I fail to keep any promise in this Loan Agreement or
any other Loan Document.
3.1.3. False Statements. Any statement of fact, representation or warranty I make to
Lender in my loan application, this Loan Agreement or in any other Loan
Document is false, inaccurate, or incomplete.
3.2. Lender’s Rights and Remedies. Subject to my right to notice of default and right to
cure the default(s), to the extent required by law, if an Event of Default occurs, Lender
has the following rights and remedies (“Rights and Remedies”):
3.2.1. Declare a Default. Lender may declare the Note, the Security Instrument, or
both, in default.
3.2.2. Finish the Construction and Protect the Property. Lender may take
possession of the Property. Lender may do every act and thing I or any
subsequent owner of the Property might or could do for the protection,
construction, repair, operation, maintenance and leasing of the Property.
I authorize Lender, as my attorney-in-fact, to exercise any right I may have in or
under the Construction Contract or any Permit. I irrevocably authorize and direct
each party to any Permits and Construction Contracts to provide Lender the
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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benefits of the Permits and the Construction Contracts upon Lender’s written
notice. I agree that any such party shall have the right to rely upon any written
notice from Lender without any obligation or right to inquire as to whether an
Event of Default actually exists and notwithstanding any notice from me or claim
by me to the contrary. I will have no right or claim against any such party for any
benefit provided to Lender by such party. If I cure the Event of Default, or if
Lender reinstates the Loan in good standing, Lender will give written notice of
reinstatement to each such party and authorize each such party to render such
benefits to me.
3.2.3. Take the Escrow Account. Lender may take any funds in the Escrow Account,
if any, to apply to any amounts I owe under the Loan Documents.
3.2.4. Indemnity. I will indemnify and hold Lender and Lender’s affiliates, and the
officers, directors, employees and agents of Lender and its affiliates
(“Indemnified Parties”), harmless from any liability, claim, loss, cost, legal
expenses (including suits, claims, proceedings, damages, and costs arising from
or relating to any third-party claim), incurred by or alleged against any of the
Indemnified Parties arising from or related to (i) the Property, (ii) the Work, or
(iii) my default under this Loan Agreement.
3.2.5. Lender’s Fees, Costs, and Expenses. I shall promptly pay to Lender all
attorney’s fees, costs, and other expenses paid or incurred by Lender in enforcing
or exercising Lender’s Rights and Remedies under this Loan Agreement. Interest
will accrue on these amounts at the rate in the Note from the date the expense is
incurred. The expense plus interest will be secured by Lender’s Security
Instrument.
3.2.6. Remedies Cumulative. Lender may (but is not required to) exercise any or all
of the rights under this Loan Agreement. All of Lender’s Rights and Remedies
contained in this Loan Agreement are cumulative and are in addition to any other
Rights and Remedies created in any other Loan Document or existing at law or in
equity.
4. GENERAL
4.1. My Cooperation. I will, at my own cost and expense, sign any other instruments or
documents, and supply any information and data that Lender considers necessary to
accomplish the purposes of this Loan Agreement. If, in Lender’s opinion, a material
modification of the terms of this Loan Agreement is required, or occurs, I will execute an
appropriate Construction Loan Modification Agreement. All documents delivered to
Lender by me shall become Lender’s property.
4.2. Credit Information. I will provide Lender with updated financial or credit information
when Lender requests it. Lender may get consumer reports from consumer reporting
agencies when Lender reviews my Loan.
4.3. No Waivers. Lender may choose to delay enforcing any of Lender’s rights or waive any
of Lender’s rights under this Loan Agreement. Lender may delay enforcing or waive any
of Lender’s rights without affecting Lender’s other rights. If Lender waives a right,
Lender can still enforce the same right later.
4.4. Entire Agreement. This Loan Agreement and the other Loan Documents are the entire
understanding between Lender and me about the Loan, the Improvements, and the Work,
and may not be modified, amended, or terminated except by written agreement signed by
Lender and me.
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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4.5. Binding Agreement; Assignment. This Loan Agreement is for the benefit of Lender
and Lender’s successors and assigns, and binds me, my heirs, executors, administrators,
successors and assigns. I may not assign this Loan Agreement without Lender’s prior
written consent, which Lender may withhold in Lender’s sole discretion.
4.6. Survival of Representations. Any promise I make shall survive the termination of this
Loan Agreement and the repayment of the Loan.
4.7. Joint and Several Liability. Each person executing this Loan Agreement as a Borrower
has joint and several liability.
4.8. Notices. Any communication required by this Loan Agreement shall be in writing and
addressed to the addressee at the address indicated on the first page of this Loan
Agreement.
4.9. No Third Party Beneficiary. This Loan Agreement is for the sole benefit of Lender and
me, and is not for the benefit of anyone else. All conditions to Lender’s obligation to
make any Advance are solely for Lender’s benefit. No other person or entity shall have
standing to require satisfaction of those conditions or be deemed to be the beneficiary of
those conditions.
4.10. Governing Law. This Loan Agreement is entered into in the state where the Property is
located (the “State”) and shall be controlled and interpreted by the laws of the United
States and the State.
4.11. Exhibits. The following exhibits are attached to and a part of this Loan Agreement.
Exhibit “A” - Description of the Property
Exhibit “B” - Schedule of Advances
Exhibit “C” - Request for Advance
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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IN WITNESS WHEREOF, Borrower and Lender have executed this Loan Agreement as of the date
first set forth on page one.
LENDER:
[LENDER] ________________________________ BY: __________________________________
NAME: ________________________________ ITS: __________________________________
_______________________________________ (SEAL)
Borrower #1
_______________________________________ _______________________________________
Printed Name Witness
_______________________________________ (SEAL)
Borrower #2
_______________________________________ _______________________________________
Printed Name Witness
_______________________________________ (SEAL)
Borrower #3
_______________________________________ _______________________________________
Printed Name Witness
_______________________________________ (SEAL)
Borrower #4
_______________________________________ _______________________________________
Printed Name Witness
STATE OF _________________________ )
) ss.:
COUNTY OF _______________________ )
On this _____ day of _______________________ , ______ , before me the subscriber personally
appeared _________________________________ (and) _________________________________ to me
known and known to me to be the same person(s) described in and who executed the foregoing
instrument, and (s)he/they duly (jointly and severally) acknowledged to me that (s)he/they executed the
same.
Notary Signature
Notary Printed Name
Notary Public; State of __________________________
Qualified in the County of
My commission expires:
Official Seal:
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
MULTISTATE CONSTRUCTION LOAN AGREEMENT – Single-Family—Fannie Mae HOMESTYLE MODEL DOCUMENT Form 3735 11/01
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EXHIBIT B
SCHEDULE OF ADVANCES
Borrower’s Name & Property Address Lender’s Name & Address
Construction Item
Total Cost
Borrower
Equity
Loan
Commitment
Amount Holdback
Advance
Amount
First Advance – Stage 1 Closing
Purchase of Property
Payoff lien(s) on Property
Closing Costs
Interest Reserve (to be disbursed as provided
in the Construction Loan Rider to Note)
Monthly Payment Reserve (to be disbursed as
provided in Section 2.8.4.6 of this Agreemen.)
Prior Work
First Advance Total
Second Advance – Stage 2
Site Prep and Utility Service
Drilling and Installation of water well or
hookup to public water supply
Installation of private septic system or hookup
to public sewer system
Grading of Property
Install electric service
Install gas service
Excavation of basement
Construction of foundation
Driveways
Walks
Other site improvements (specify):
OR:
[ ] Work is % complete
Second Advance Total
