CRE OFFER – BORROWER - NATURAL PERSON

CRE OFFER – BORROWER - NATURAL PERSON

Standartinė admin » 26 Bal 2016, 11:07

SPECIAL TERMS OF THE COMMERCIAL MORTGAGE LOAN – APPLICATION (OFFER) – RECIPIENT OF LOAN: NATURAL PERSON

No. ______, concluded on (date, time)

Whereas:
(i) The Recipient of the Loan (natural person) submits this binding Application for a Commercial Mortgage Loan (the Application) electronically in the Website http://www.savy.lt/ gosavy.com (the Website) which is administered by “Bendras finansavimas” UAB, company code: 303259527, registered office address: Vokiečių str. 20, Vilnius, 01130, Lithuania (the Organizer);
(ii) This Contract for a commercial Mortgage Loan (the Contract) is a multilateral transaction which consists of this Application (including the documents and data which substantiate it) and the Proposals compliant with it which jointly constitute the Special Terms of the Loan Contract (Special Terms) and the General Terms of the commercial Mortgage Loan published in the Website, including the amendments and supplements thereto, which are applicable to all Parties to this Contract (General Terms);
(iii) The Recipient of the Loan secures his/her liabilities under this Contract by the mortgage of a Real Estate Item (the Object of Mortgage) in line with the terms and procedure established therein;
(iv) The Recipient of the Loan has registered himself/herself in the Website, agreed with the Contract for Usage, undertakes to comply with the terms thereof and, inter alia, has created the Consumer’s Paysera account or proved his/her identity otherwise and, if necessary, granted the authorization to manage the funds available in the Consumer’s Paysera account to the Organizer. The Contract for Usage is applicable to this Loan Contract;
(v) The Recipient of the Loan has completed the form of the Website and submitted the written documents and data, including data on the Real Estate Item (the Object of Mortgage) to the Organizer on the basis of which this Application has been concluded; this Application is an official proposal of the Recipient of the Loan to conclude a Loan Contract in accordance with the terms stipulated in the Application;
(vi) The Organizer shall publish this Application in the system of the Website operating on the principle of an Auction wherein the persons, who are registered in the Website and wish to lend money (the Issuer(s) of the Loan), can accept this Application (the Offer) and submit a proposal to invest in the Application in accordance with the terms stipulated therein (the Proposal) and in such a manner conclude a Loan Contract with the Recipient of the Loan (the Auction);
(vii) The winners of the Auction shall be the Issuers of the Loan who shall be the first ones to submit their Proposal compared to other Issuers of the Loan until the amount of the Application which the Recipient of the Loan wishes to borrow (the amount of the Loan) is completed;
(viii) This Contract shall be concluded by way of an Auction and shall be considered automatically concluded between the Recipient of the Loan and the Issuer(s) of the Loan who has (have) won the Auction from the moment of the end of the Auction. The Auction shall be successfully completed when the Proposals comply with the Application (coincide with the period of the Loan, the Interest and the amount of the Loan) or when the Recipient of the Loan agrees with a smaller amount of the Loan on the Organizer’s proposal;
(ix) The Recipient of the Loan shall confirm electronically this Application and the General Terms which constitute one contract and are incorporated in this Application with reference to them in the Website;
(x) The actions performed by the Recipient of the Loan in the Website (confirmed by the Recipient of the Loan clicking the “I agree” button or the “tick” as well as by the submission of the documents and personal information regarding the Real Estate Item (the Object of Mortgage) to the Organizer) shall be considered the signature of the Recipient of the Loan having the legal force established in article 8(1) of the Law on Electronic Signature, whereas the Application and the General Terms confirmed by these actions shall be considered one original document drawn up in a written form and shall entail the same legal consequences as a written Application and the General Terms confirmed by the signature of the Recipient of the Loan.

I, name and surname, personal identification number: _______, _______________ submit the following Application:
SPECIAL TERMS OF THE APPLICATION:
1. SUBJECT AND MATERIAL TERMS OF THE APPLICATION

1.1. Amount of the Loan, period, interest, purpose, Real Estate Item

Recipient of the Loan _______
Loan Amount _______
Target Loan Amount _______
Minimum Loan Amount _______
Period of repayment of the Loan _______
Obligation fee _______%
Interest of the Loan _______%
Method of depreciation [Annuity method] or [method of repaying the Loan in the end]
Purpose of the Loan _______
Ratio of the debt and mortgaged property in percent _______%
Loan Disbursement Cut-Off Date Within 90 days from the day of beginning of the auction.
Terms of Loan disbursement _______
Late payment _______%
Penalty interest _______%
Object of Mortgage (hereinafter also referred to as the Real estate Item):

Real estate Item / 1
[Type of the Real Estate Item, unique number [unique No.].
Address: [address]
Area of the land lot: [area] ha.
Purpose: [e.g. other],
manner of usage: [residential territories],
nature of usage: [construction of low-rise residential houses],
cadastre address: [0000/0000:0 rural c. s. (cadastre site)].
Built-up territory: [XX] ha.

Real estate Item / 2
[Type of the Real Estate Item under RPR, unique number [unique No.].
Apartment / Premises – Apartment, unique number:
Address: []
Description: [ ]
Purpose: [ ]
Completion of construction, year: [ ].
Total area: [ ]
Building in which the apartment is located: [ ]

Issuer of the pledge
Owner of the Real Estate Item:
[NAME AND SURNAME / TITLE]
Mandatory insurance of the mortgaged Real Estate Item YES
Other measures securing the fulfillment of the Obligation (warranty, security, etc.)


1.1 Having deducted the applicable fees, the Organizer shall transfer the amount of the Loan to the Consumer’s bank account of the Recipient of the Loan on the day of disbursement of the Loan in accordance with the Disbursement Application submitted by the Recipient of the Loan but only after the Recipient of the Loan fulfills all conditions requested by the Organizer and stipulated in article 4 of the General Terms as well as after the Organizer ascertains that the Recipient of the Loan meets the said conditions.

1.2 The schedule of repayment of the Loan, which shall be generated in the Website after the end of the Auction and which shall stipulate the payments to be made by the Recipient of the Loan and the periods thereof, shall constitute an integral part of the Loan.

1.3 The Recipient of the Loan shall have the right to withdraw the Application until the beginning of the Auction, i.e. the moment the first Proposal for Loan is submitted during the Auction. The Application may be withdrawn at any other moment and the Auction in progress may be terminated with the consent of the Organizer only.

1.4 If there are no enough Proposals for Loan submitted to lend the whole amount of the Loan to the Recipient of the Loan when the Auction is over, this Application shall not become mandatory to the Organizer or the Recipients of the Loan and shall cease to be valid, unless the Recipient of the Loan agrees with a smaller amount of the Loan and / or higher Interest.

1.5 The Recipient of the Loan undertakes to use the Loan for the purpose which he/she has specified in the Application only.

1.6 The Organizer shall have the right to request in writing the Recipient of the Loan to prove that he/she has used the amount of the Loan for the purpose specified in the Application. Having received such a written request, the Recipient of the Loan must submit the documents proving proper usage of the Loan to the Organizer. If the Recipient of the Loan fails to submit the evidence and / or the Recipient of the Loan uses the amount of the Loan for a different purpose, this shall be considered a Violation and the Organizer shall have the right to apply the measures stipulated in article 10 of the General Terms.

1.7 The concepts used in this Application shall be understood and must be interpreted the way they are defined in the General Terms of the Contract unless explicitly stated otherwise in the Application.

2. CONFIRMATIONS AND WARRANTIES OF THE RECIPIENT OF THE LOAN

2.1 The Recipient of the Loan confirms and guarantees that all his/her confirmations, warranties and obligations submitted or assumed in line with the Financial Documents, stipulated in this Application and Proposal (Special Terms), the General Terms, Mortgage, Measures securing the fulfillment of the Obligations, Disbursement Application and the Contract for Usage are true, comply with requirements set forth in the Financial Documents and are valid to the full extent both at the time of submission of the Application and conclusion of the Loan Contract, and the General Terms are considered an integral part of this Contract.

2.2 By confirming this Application, the Recipient of the Loan confirms and guarantees that all documents and personal data as well as information (income, expenses, liabilities, bank statements, data regarding the Real Estate Item (the object of Mortgage), property appraisal reports, data of RRE), documents permitting construction (reconstruction), design documentation, actual condition of the Real Estate Item and the course of the design of the Real Estate Item submitted by the Recipient of the Loan in the form available in the Website are correct and authentic at the time of completion of the Application and conclusion of the Loan Contract.

2.3 The Recipient of the Loan confirms and declares that he/she agrees that the Organizer shall handle the data submitted in the Application of the Recipient of the Loan, the data obtained from the Recipient of the Loan himself/herself, the data of the Mortgage, the data regarding the managers, shareholders (stakeholders), trade partners of the Recipient of the Loan, the countries where the Recipient of the Loan performs its activities and other data reasonably required by the Organizer for the purposes of responsible lending, assessment of solvency, “Know Your Client”, money laundering prevention and administration of the Loan or exaction in line with the terms and procedure stipulated in the Financial Documents and Contract for Usage.

2.4 The Recipient of the Loan confirms that he/she agrees to pay a one-off fee for conclusion of the Loan Contract amounting to ______ and pay a monthly Administration fee amounting to ______ to the Organizer as specified in the payment orders addressed to the Recipient of the Loan and in the General Terms.

2.5 The Recipient of the Loan shall pay the Administration fee until the Recipient of the Loan completely fulfills his/her obligations under this Loan Contract, including the cases when the Organizer addresses regarding forced exaction under the Mortgage (the Contract for Contractual Mortgage) because of a debt of the Recipient of the Loan.

2.6 The Recipient of the Loan confirms that he/she agrees to pay all fees to the Organizer as specified in the General Terms and in the Organizer’s rates published in the Website (the Obligation Fee, any fines, penalties for delay, interest for delay, fee for inspection of the Recipient of the Loan and / or its managers and / or its shareholders (stakeholders) in “Creditinfo Lietuva” UAB, notary’s fee and other payments in line with the rates applicable in the Website).

2.7 The Recipient of the Loan confirms that he/she is not aware of any circumstances at the time of conclusion of the Loan Contract due to which the repayment of the amount of the Loan could be aggravated or become impossible.

2.8 The Recipient of the Loan shall fulfill his/her obligations by transferring a certain amount to his/her Paysera account specified to the Website or to any other settlement account specified by the Organizer so that the Organizer would be able to distribute the funds to the Issuers of the Loan automatically.

2.9 The Recipient of the Loan agrees and confirms that, should he/she miss the period of payment of the Interest, he/she shall be considered having materially violated this Contract and the Organizer shall calculate Interest for Delay which shall be paid together with the Penalty for Delay.

2.10 If the Recipient of the Loan fails to fulfill his/her obligations and violates the Contract, the Organizer shall have the right to submit the Recipient’s of the Loan personal data to “Creditinfo Lietuva” UAB, code: 111689163, other data managers handling joint files of debtors’ data and all other third parties who have a legitimate interest having duly notified the Recipient of the Loan about that and in case the Recipient of the Loan is late to fulfill his/her obligations for 40 days.

2.11 The Recipient of the Loan must notify the Organizer immediately in writing about the following: (i) any changes in personal information, especially those of contact information; (ii) if any confirmation and / or warranty of section 8 of the General Terms issued by the Recipient of the Loan becomes inaccurate or incorrect in its essence during the period of the Loan Contract due to any circumstances; (iii) each circumstance due to which the capacity of the Recipient of the Loan to properly fulfill the obligations assumed under the Financial Documents in line with the terms and procedure of section 9 of the General Terms is or may be encumbered; (iv) each circumstance due to which a Violation or a Potential Violation may occur in line with the terms and procedure of section 10 of the General Terms; (v) any Encumbrance due to the mortgaged Real Estate Item (object of Mortgage) or a measure securing the fulfillment of the Obligation.

2.12 In case the Recipient of the Loan submits the false and misleading information in the Application (Special Terms) and in the General Terms and / or the Contract for Contractual Mortgage, or in any other Financial Document, or does not submit any information required under this clause 2.11, the Organizer, having become aware of the existence of such circumstances and of the fact that the Recipient of the Loan did not notify it about that, shall have the right to consider that a Violation of this Contract and to apply any measures of impact stipulated in section 10 of the General Terms in line with the terms and procedure thereof.

2.13 All rates of the services applicable to the Recipient of the Loan are specified in the Website.

I have read and agree with the whole text. I sign and confirm this Application electronically.
On behalf of the Recipient of the Loan
The Recipient of the Loan E
Personal identification number E
Date of signing E
Time of signing E
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Užsiregistravo: 23 Bir 2014, 11:38

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