DIY Legal Forms

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Shared Appreciation Loan Agreement

LOAN AGREEMENT (Agreement), made on [date] by and between [name], of [address] (Borrower) and [name], of [address] (Lender).

WITNESSETH:

WHEREAS, Borrower will be acquiring as of [date] (the Closing Date) condominium unit No. ---------- (the Unit) in the [name] Condominium (the Condominium) located at [address]; and

WHEREAS, Lender hereby agrees to loan Borrower the amount of .... dollars ($....) (the Loan) in order to finance the acquisition of the Unit; and

WHEREAS, Borrower and Lender desire to set forth herein the repayment terms and conditions of the Loan.

1. Amount of Loan. Borrower hereby requests to borrow, and Lender hereby agrees to loan to Borrower, the principal amount of .... dollars ($....) (the Loan), the proceeds of which Borrower represents and warrants to Lender shall be applied to purchase and acquire the Unit. Security for repayment of the Loan shall be as set forth in Paragraph 2 below, and the repayment terms for the Loan shall be in accordance with the provisions of Paragraphs 3 through 5 below.

2. Security. In order to secure the Loan, Borrower shall grant Lender a first mortgage on Borrower's fee simple interest in and to the Unit. Each party acknowledges and agrees that such first mortgage shall solely secure repayment of the Loan.

3. Maturity Date. The loan maturity date shall be the earliest to occur of (a) [date]; (b) the date of sale or other transfer of the Unit by Borrower; or (c) prepayment in full of the Loan.

4. Amortization Period. No principal amortization shall be required during the term of the Loan.

5. Interest Rate. Interest only at the rate of ---------- percent (----------%) per annum on the unpaid principal balance of the Loan, payable monthly (the Fixed Interest), plus Final Additional Interest as defined in Paragraph 9 below, shall be paid on the Loan.

6. Right of Prepayment. Borrower may prepay the Loan at any time and from time to time without premium or penalty.

7. Loan Closing Date. The Closing Date shall be [date] or such other date as shall be mutually agreed on by Lender and Borrower.

8. Disbursements of Loan Proceeds. The proceeds of the Loan shall be disbursed by Lender to Borrower or on behalf of Borrower in accordance with such disbursement procedures as may be agreed on by Lender and Borrower prior to the Loan Closing.

9. Final Additional Interest. In addition to the principal and Fixed Interest provided for in this Loan Agreement, Borrower agrees to pay on the Maturity Date additional contingent interest accruing from the Closing Date in an amount equal to (a) ---------- percent (----------%) of the Net Sales Proceeds of the Unit, in the event of a bona fide arm's-length sale to an independent third party occurring on or prior to the Maturity Date of the Loan, or (b) ---------- percent (----------%) of the Fair Market Value of the Unit, first subtracting therefrom an amount equal to the original purchase price of ---------- dollars ($----------) in the event that no bona fide arm's-length sale of the Unit to an independent third party occurred on or prior to the Maturity Date.

As used herein, "Net Sales Proceeds" shall mean the gross proceeds derived from the sale of the Unit minus the original purchase price of ---------- dollars ($----------) and minus all reasonable costs incurred by Borrower in connection with the sale.

As used herein, "Fair Market Value" shall mean the value determined in writing by an appraiser acceptable to both parties; provided, however, if the written appraisal proves unsatisfactory to Lender, Lender may then appoint a second appraiser. If the second appraiser and the original appraiser do not agree on the appraised value of the Unit within [number] days of the appointment of the second appraiser, then a third appraiser shall be appointed by the first two (2) to prepare a third appraisal. The Fair Market Value shall be the arithmetic average of the three written appraisals. The cost of such appraisal(s) shall be borne by Borrower.

10. Representation and Warranties of Borrower. Borrower hereby represents and warrants to Lender that (a) the entire proceeds of the Loan will be applied to the purchase of the Unit; (b) the Unit is residential property and will be occupied by Borrower as his principal residence throughout the term of the Loan; (c) Borrower shall pay from his own funds, on a timely basis, all real estate taxes, insurance premiums, condominium assessments, and all other charges relating to the ownership of, or assessed against, the Unit; and (d) Lender shall have no liability for any decrease in the value of the Unit.

11. Right of Borrower to Sell, Transfer, and So Forth. Lender agrees that Borrower shall, at all times, have the right to sell, transfer, encumber, improve, or otherwise make use of the Unit, subject, however, to all terms and conditions of the first mortgage in favor of Lender.

12. Debtor/Creditor Relationship. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a joint venture, partnership, association, or other affiliation or like relationship between the parties or a relationship of landlord and tenant, it being specifically agreed that their relationship is and shall remain that of debtor and creditor.

13. No Violation of Usury Law. It is not intended that Lender charge interest at a rate in excess of the maximum rate of interest permitted to be charged to Borrower under applicable law, but if, notwithstanding, interest in excess of said maximum rate shall be paid hereunder, the excess shall be, at the option of the Lender, either (a) retained by Lender as additional cash collateral for the payment of said principal sum, or the amount thereof outstanding, or (b) returned to Borrower.

14. Legal Representations. Borrower acknowledges that the law firm of [name] has represented Lender in connection with the loan transaction described herein and further acknowledges that he has presented a copy of this Agreement and the related Note and Mortgage to his counsel for review.

15. Survival of Provisions. The provisions of this Agreement, to the extent applicable following the funding of the Loan, shall survive the Loan Closing.

16. Counterparts; Governing Law. The agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original. This Agreement shall be governed by and interpreted and construed in accordance with the laws of [state].

WITNESS, their hands and seals as of the date first set forth above.

[signature]

LENDER:

Witness

[signature]

BORROWER:

Witness

[signature]

*** If Required By State Law ***

This Section for Notary:

Acknowledgment

State of _________

County of ________ [County]

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature ________
Notary

My commission expires: _____

(Seal)