504 Loan Application SBA Lending Solutions Application for Financing Small Business Owner-Occupied Real Estate and Fixed Asset Equipment Through the SBA 504 Loan Thank you for the opportunity to work with you on the financing of your small business real estate and/ or equipment loan. This application will help you provide the information necessary to process your loan request. If you are not able to provide all the requested information immediately, please provide the documents that are available so that we can begin processing your request. After we received the entire application package, any documents needing signatures will be sent to you. 504 Application Process To initiate a 504 loan application, it is best to first call the SCKEDD office. Our staff will review the project (Loan Program Determination form) and suggest a general funding structure. The basic 504 application materials are no different than what a bank typically requires (See 504 Application Checklist). The SBA 504 loan program requires a participating lender (i.e. private-sector lender also referred to by SBA as the Third Party Lender). The 504 Loan Assistance & Fee Agreement and a deposit must be submitted before the 504 Loan Application can be processed. Our staff will review the material, assess the eligibility and credit quality, and prepare an analysis for submission to SCKEDD’s loan committee. Upon approval by the loan committee, SCKEDD will prepare the SBA 504 Application Submission forms and on completion, will submit the SBA Submission form to SBA for review and loan decision. Please contact SCKEDD with any questions about this application or to learn more about how we help small businesses. South Central Kansas Economic Development District, Inc. A U.S. Small Business Administration Certified Development Company 200 W. Douglas, Suite 710 Phone: (316) 262-7035 Fax: (316) 262-7062 www.sckedd.org SCKEDD 504 Loan Application – ver. February 1, 2015 1 504 Application Checklist This checklist is provided to assist you through the process of gathering the necessary information to expedite your loan request. Please provide the following documents to complete the 504 Loan Application. All documents provided must be signed and dated. Please mark N/A if not applicable. Business Information □ 504 Loan Application. Complete fully. Please sign & date. □ Environmental Questionnaire. Separate form attached. □ Corporate Tax Returns. Complete Federal returns for each of the previous three (3) years for the operating company and real estate/asset holding company. Please sign & date each tax return. □ Corporate Tax Returns. Complete Federal returns for each of the three (3) years for each affiliate. Please sign & date. □ Year-End Balance Sheet and Income Statement. Most recent three (3) years for the operating company. Please sign & date. □ “Current” Balance Sheet and Income Statement. For the operating company. Please sign & date. □ New Business: Provide a Month-by-Month Cash Flow Analysis for the first year. Please sign & date. □ Organization Documents. Provide for the operating company and real estate/asset holding company, if applicable. o o o Corporations – Articles of Incorporation, By-Laws, Minutes of Organizational Meeting Limited Liability Companies – Articles of Organization, Operating Agreement and Minutes of Organizational Meeting Partnerships – Partnership Agreement □ Franchise. Provide a copy of the executed Franchise Agreement and Franchise Disclosure Statement, if applicable. □ Project Cost Documentation. Form attached. Provide, as applicable, Purchase Agreement, settlement sheet, contractor bid on construction and list of equipment to be purchased with corresponding vendor estimates/costs. Personal Information - Provide for each proprietor, partner or stockholder with 20% or more ownership □ Personal Tax Returns. Complete Federal returns for each of the previous two (2) years. Please sign & date each tax return. □ Personal Financial Statement. (SBA Form 413) Separate form attached. “Current” form completed jointly with spouse. Please sign & date. The following forms will be provided for signatures after the loan application and supporting documents are received. □ 504 Loan Assistance & Fee Agreement * □ US Small Business Administration Application for Section 504 Loan SBA (Form 1244, PART C) □ Personal History Statement (SBA Form 912). For all persons owning 20% or more of the operating company or asset holding company as well as key management. □ IRS Form 4506-T. Request for Transcript of Tax Returns. □ CDC Client Survey. (Job creation/retention information for SCKEDD’s economic development reporting purposes.) Note: “Current” means within 90 days of submission of the application to the SBA. * A deposit of 1% of the SBA portion of the loan, or $2,500, whichever is less, is required to process the loan application. SCKEDD will provide a 504 Loan Assistance & Fee Agreement upon receipt of the loan application. SCKEDD 504 Loan Application – February 01, 2015 2 Company Information Operating Company Company Name Business Address Mailing Address FEIN: Zip Zip (if different from street address) Principal in Charge E-mail Address Phone Cell Type of Business Is the business a franchise? Franchise Name If yes, provide an executed copy of the Franchise Agreement and Franchise Disclosure Statement. Type of business entity (check one): Corporation Limited liability company Professional corporation Sole Proprietorship Limited liability partnership General partnership Limited partnership Trust DUNS Number Year established/incorporated Entity is established in the State of Ownership: (Attach separate sheet if necessary) Full Legal Name Title (First, Full Middle Name, Last) Ownership Interest % If the answer to any of the below questions is YES, please provide details and attach a separate sheet to the application. YES 1. Does this company buy from, sell to, or use the services of any concern in which someone in this company has a significant financial interest? 2. Does this business presently engage in export trade, or plan to in the future? 3. Is your product or service principally (51% or more) sold outside of Kansas? 4. Does your product or service replace other products that would normally be imported into Kansas? 5. Do you produce a product (raw materials, ingredients or components) for other Kansas firms that are exporting the majority (51% or more) of their product beyond the boundaries of Kansas? 6. Is your business a regional distribution center which is used principally (51% or more) for inter-state commerce? 7. Is your business a corporate multi-state headquarters used for the supervision of business activities which occur primarily (51% or more) outside the boundaries of Kansas? 8. In the next 2 years, will you create two or more jobs as a direct result of this loan? If YES, list the type of jobs and number of employees for each job position: 9. Will you retain 2 or more jobs over the next two years as a direct result of this loan? (Retained jobs are existing jobs that will be saved with the loan that would otherwise be lost). 10. Current number of employees? SCKEDD 504 Loan Application – February 01, 2015 3 NO Company Information (continued) About Your Business Start-Up Businesses: Provide a written business plan. A Business Plan Outline for New Businesses can be provided upon request. Existing Businesses: Complete the below Business History & Market Summary questions. If you already have a business plan, it can be submitted in place of this information. Feel free to provide any additional information which you feel is important in describing your business. Business History & Market Summary A. Provide information on those individuals (owners and non-owners) who will be responsible for the day-to-day operations of the company. Name Responsibilities B. When was your business established and by whom? Provide the name of the State where the business was established. C. When did you gain control of the business? D. What services/products do you provide/sell? Please provide a copy of any brochures or catalogs for your business. E. What is your geographic market area? F. How do you market your services/products? Provide all types and forms of advertising you utilize. G. Will the project help achieve the company's goals? (Increase revenue, add products/services, improve efficiency, etc. Please be specific. H. If you are moving to a new business location, how will this affect your business? SCKEDD 504 Loan Application – February 01, 2015 4 Company Information (continued) Real Estate/Asset Holding Company If an individual or organization, other than the Operating Company will take title (own) to some or all of the Project real estate and/or equipment, please complete the following section. Company Name Business Address Mailing Address FEIN: Zip Zip (if different from street address) Type of business entity (check one): Corporation Limited liability company Professional corporation Sole Proprietorship Limited liability partnership General partnership Limited partnership Trust Year established/incorporated Entity is established in the State of Ownership: (Attach separate sheet if necessary) Full Legal Name Title (First, Full Middle Name, Last) Ownership Interest % Questions: If the answer to any of the below questions is YES, please provide details and attach a separate sheet to the application. YES 1. Do any of the principals have a trust? If YES, provide a copy of the trust. 2. Has any officer of your company ever been involved in bankruptcy or insolvency proceedings? 3. Is your business involved in any pending lawsuits? 4. Does anyone who owns, manages or directs this business or their spouses or member of their household work for the Small Business Administration, Small Business Advisory Council, SCORE, ACE, any Federal Agency, or the participating lender? If YES, please provide the name and address of the person and the office where employed. 5. Does this company buy from, sell to, or use the services of any concern in which someone in this company has a significant financial interest? 6. Does this business presently engage in export trade or plan to in the future? 7. Does any owner of 20% or more of the Operating Company own 20% or more in any other company? (If yes, please complete Affiliates (page 17) and Government Financing (page 15). 8. One or more owners of 20% or more are non-citizens? If YES, complete the Non-Citizen Authorization (page 18). SCKEDD 504 Loan Application – February 01, 2015 5 NO Project Information Location of Project Property Street Address City, State, Zip Is the project property an existing building or is this new construction? Provide the total square footage of the project building and the total square footage of the building the operating company will occupy. New Construction Existing sq. ft. Project Building sq. ft. Operating Co. will occupy Please note: The SBA requires that your company occupy 51% of an existing building, 49% can be leased out permanently. For new construction, you must occupy at least 60% upon move-in, additional percentage within three years, and at least 80% at the end of ten (10) years. Twenty percent can be leased out permanently. Tenants If there are any tenants that will remain in the building, please provide the following information. Also please have your realtor provide copies of all existing leases. Tenant name Square Footage Lease Expiry Date Monthly Rent Borrower Equity Contribution The SBA 504 Loan Program requires the small business to invest a minimum of 10% of the Total Project Costs in the project. If the business is a start-up or less than two (2) years old, the minimum is 15%. If the building is “single/limited use purpose”, the minimum is 15%. If the business is a start-up or less than two (2) years old AND the building is “single/limited use purpose”, the minimum is 20%. Source of your Equity Injection Cash $ From Whom? Equity in Project Land* $ Other (Must be held 2+ years) $ From Whom? Date purchased: ____________________ Original Cost $ _____________________ NOTE: If you are borrowing any of your injection* for this project, please answer the following: What is the amount to be borrowed? Who are you borrowing it from? What is the Interest Rate and length of the note for this transaction? What is the collateral to secure this transaction? *Borrowed Equity Contribution: Project Property: 1) Any lien position on the Project Property must be subordinate to the 504 loan, and 2) The borrower may not pay the loan for the equity contribution at a faster rate than the 504 loan unless it is approved by the D/FA or designee. Non-Project Property: If the borrowed equity is collateralized by assets other than the Project Property, the borrower must demonstrate repayment of the loan for the equity contribution from the cash flow of the business or other source. SCKEDD 504 Loan Application – February 01, 2015 6 Project Information (continued) Project Cost and Cost Documentation Please provide supporting documentation for each of these items. (I.e. purchase agreement, closing settlement statement, construction bid/contract, vendor bids/invoices for machinery/equipment and furniture/fixture to be purchased with loan proceeds, etc.) USE OF PROCEEDS AMOUNT SUPPORTING DOCUMENTS Land Acquisition Land Improvements Purchase and/or Remodel Bldg. New Construction Purchase Machinery/Equipment Purchase Furniture/Fixtures Refinanced Debt Professional Fees Closing Costs Construction Contingency TOTAL Ownership of Project Property purchased with 504 Loan Proceeds Who will hold title to the land? Who will hold title machinery & equipment? SCKEDD 504 Loan Application – February 01, 2015 7 (SBA Form 1244, Exhibit #8) Projected Income Statement Projections for the first three years after the loan. Year 1 A Gross Receipts (Sales) B Cost of Goods Sold C Gross Profit (A - B) Year 2 Year 3 EXPENSES: D Officer Compensation E Employee Wages Administrative Production F Accounting & Legal G Advertising H Rent I Depreciation J Supplies K Utilities & Telephone L Interest M Repairs N Taxes O Insurance P Other operating expenses Q Total Expenses (Sum of D thru P) R Net Profit (C-Q) S Less Income Taxes T Less Withdraws U Available for Debt Service (R-S-T+I+L) □ □ Complete a narrative explaining the basis (assumptions) for the figures in this Projected Income Statement. (pg. 9) New Businesses: Also provide a monthly cash flow analysis for the first year with a narrative (pg. 9) explaining the basis (assumptions) for the figures in the monthly cash flow analysis. (a cash flow “template” available upon request.) SCKEDD 504 Loan Application – February 01, 2015 8 Narrative to the Projected Financial Statements Provide a written narrative to the Projected Financial Statements to summarize the "activities" and "assumptions" you made in creating the projected financial statements. This narrative will equip SCKEDD with the necessary information needed to understand and comprehend your projected financial statements. There is no set structure nor should specific guideline that depict which topics be included in the notes to the forecasted financial statements. The following list provides some suggestions you may want to use when creating your narrative to the projected financial statements. Please sign and date the written narrative and include it with your loan application. Introduction o Who prepared the projected financial statements o General Assumptions, such as: Management and Staff Other, as deemed necessary Income Statement o Operating Revenue(s) o Operating Expense(s), such as: Salaries and related costs Marketing Expenses Operating expenses specific for your business operations Depreciation and Amortization Contracted Services Income Tax Other, as deemed necessary Balance Sheet o Accounts Receivable o Inventory o Accounts Payable o Short-term Loans o Owner(s) Capital Account o Retained Earnings o Other, as deemed necessary Cash Flow o Cash flow from operating activities o Cash flow from investing activities o Cash flow from financing activities SCKEDD 504 Loan Application – February 01, 2015 9 Personal Income & Expense Analysis NAME(S) INCOMES: MONTHLY Available Draw (NP + Depreciation) Gross Salary (Principal) Gross Salary (Spouse) Rental Income (Gross) Interest Income (Recurring) Alimony (Recurring) Other Income: __________ (Recurring) TOTAL INCOME ANNUALLY $0 $0 TOTAL EXPENSES $0 $0 NET DISCRETIONARY INCOME $0 $0 #DIV/0! #DIV/0! EXPENSES: Residence Expense (Rent or P&I) Rental Mortgages (P&I) Rental Expenses (Cash Exp. Less P&I) Auto Loan(s) (All) Installment Loan(s) (All) Revolving Credit Utilities/Phone (Estimate) Insurance (All Personal) Food (Estimate) Clothing (Estimate) Medical Expenses (3 Yr. Average) Income Taxes (Historical Rate) Property Taxes (Historical Rate) Alimony (If Applicable) Child Care (If Applicable) Other Expenses ( ) Miscellaneous ( ) (Typical range is 5% - 10% of total income) COVERAGE RATIO (INCOME/EXPENSE) Signature ________________________________ Date Signature ________________________________ Date SCKEDD 504 Loan Application – ver. February 1, 2015 10 Owner and Key Management Information To be completed for each [ ] stockholder owning 20% or more stock; [ ] key management staff; and [ ] all officers even if they are not owners. P lease fill in all spaces, use full first, middle, and maiden names. If an item is not applicable, please so indicate. Legal Name SS#: First Full Middle Name Ownership Percentage Maiden Last Corporate Title: Are you a U.S. Citizen? Date of Birth Permanent Resident Alien? If NO, please complete Non-Citizen Authorization (page 18). Place of Birth MM/DD/YY Race Sex City, State, Country If at current residence less than 10 years, provide previous residence. Current Residence: Previous Residence: Street Street City State From: Zip City to MM/DD/YY State From: to MM/DD/YY MM/DD/YY Home Phone MM/DD/YY Cell Phone Spouse’s Name SS#: First YES Zip Middle Maiden Last NO Do you have a trust? If “yes”, provide an executed copy of the Trust(s). Are you, any of your children, your parents or your spouse employed by, director of, officers of or stockholders of the participating bank of the SBA, SCORE, ACE or any Federal Agency? If yes, please provide the name and address of the person and the office where employed. Have you ever filed for corporate or personal bankruptcy or been involved in insolvency proceedings? If so, please provide a copy of the bankruptcy documentation. Are you or your business involved in any pending lawsuits? Do you have ownership, stock ownership, management control, previous relationships with or ties to another business or contractual relationship in any other businesses? If yes, please complete Affiliate Form (page 17) Do you or any of your affiliated businesses have any existing debt with SBA guarantees? Have you or any of your affiliate businesses ever caused a loss to the Government from prior federal assistance? A current credit report will be requested on each borrower. Are there entries on this report which will require and explanation? If so, please attach a sheet explaining the circumstances of these entries. Are you presently behind in any court ordered child support obligation? Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges are brought in any jurisdiction? If YES, furnish details on separate sheet. Have you ever been arrested in the past six months for any criminal offense. If YES, all arrests and charges must be disclosed and explained on an attached sheet. For any criminal offense – other than a minor vehicle violation – have you ever: 1) been convicted; 2) pled guilty; 3) pled nolo contendere; 4) been placed on pretrial diversion; or 5) been placed on any form of parole or probation (including probation before judgment)? If YES, furnish details on separate sheet. If you answered yes to any of the above questions, please supply details on separate sheet as necessary. Signature ____________ Date _________________________________ Personal Resume Please fill in all spaces, use full first, middle, and maiden names. If an item is not applicable, please so indicate. Resume must be completed by: [ ] each principal with ownership of 20% or more in the Operating Company, and [ ] any person hired by the applicant to manage day-to-day operations. SCKEDD 504 Loan Application – February 01, 2015 11 Name Title First Full Middle Name Maiden Last List all former names used and the dates each name was used. Use separate sheet if necessary. First Full Middle Name Last Dates Name Used Education Type of Degree Name & Location of Institution Dates Attended From/To Major Degree or Certificate Military Service Background Branch From to MM/DD/YY Honorable Discharge? MM/DD/YY Rank at Discharge Work Experience (List chronologically beginning with present employment to cover a 10 year period. Attach separate sheet if necessary.) Company Name Title Dates Employed From - To Duties & Accomplishments Other Business Related interest or Activities (List any training, certification, or business related interest or activities) Signature ____________ SCKEDD 504 Loan Application – February 01, 2015 12 Date _________________________________ (SBA Form 1244, Exhibit #7) Aging of Accounts Receivable & Account Payable For the two schedules below, age the accounts of the company’s ten largest customers and ten largest suppliers as of the interim financial statement. Total the remaining receivables and payable under “Others”. The totals must equal those presented in the company’s interim balance sheet. Explain substantial amounts over 90 days past due on a separate sheet. If a complete aging of accounts has already been prepared, it may be substituted for this form. Operating Company Name: ______________________________________________________________________ As of _____________________ Accounts Receivable Account Name 0-30 31-60 61-90 91-120 Over 120 Total 1. _______________________________________________________________________________________________________ 2. _______________________________________________________________________________________________________ 3. _______________________________________________________________________________________________________ 4. _______________________________________________________________________________________________________ 5. _______________________________________________________________________________________________________ 6. _______________________________________________________________________________________________________ 7. _______________________________________________________________________________________________________ 8. _______________________________________________________________________________________________________ 9. _______________________________________________________________________________________________________ 10. _______________________________________________________________________________________________________ Others_____________________________________________________________________________________________________ Grand Total Accounts Receivable $________________ Accounts Payable Account Name 0-30 31-60 61-90 91-120 Over 120 Total 1. _______________________________________________________________________________________________________ 2. _______________________________________________________________________________________________________ 3. _______________________________________________________________________________________________________ 4. _______________________________________________________________________________________________________ 5. _______________________________________________________________________________________________________ 6. _______________________________________________________________________________________________________ 7. _______________________________________________________________________________________________________ 8. _______________________________________________________________________________________________________ 9. _______________________________________________________________________________________________________ 10. _______________________________________________________________________________________________________ Others_____________________________________________________________________________________________________ Grand Total Accounts Payable $__________________ Signature ___________________________________________ Date ________________ SCKEDD 504 Loan Application – ver. February 1, 2015 13 (SBA Form 1244, Exhibit #10) Schedule of Business Debt Please list all Operating Company liabilities - contracts, notes, lines of credit and mortgages payable. Please make sure that these correspond with the balances in the current balance sheet, as provided with this loan application. As of: ________________________, 20___ Loan No. Creditor Original Amount Original Date Total present balance * Loan Status: Current Balance $ Loan Status * Maturity Date Total Monthly - Current, Delinquent, Paid In Full, or Charged Off Signature ___________________________________________ Date ________________ SCKEDD 504 Loan Application – February 01, 2015 14 Monthly Payment Interest Rate $ - Collateral (SBA Form 1244, Exhibit #11) Schedule of Current & Previous Government Financing Please list all current and previous government financing. Please make sure this form corresponds with the balances in the current balance sheet, as provided with this loan application, if applicable. Schedule of Debt for _______________________________________ (Name) As of: ________________________, 20___ Loan No. Agency Name * Loan Status: Original Amount Original Date Outstanding Balance Total present balance $ Maturity Date Interest Rate Total Monthly Monthly Payment Collateral $ Current, Delinquent, Paid In Full, or Charged Off Signature ___________________________________________ □ Loan Status * Date ________________ Print & complete a separate sheet for the [ ] Operating Company, [ ] each principal (individual) for both the Operating Company and Real Estate/Asset Holding Company with an ownership interest of 20% or more. SCKEDD 504 Loan Application – ver. February 1, 2015 15 (SBA Form 1244, Exhibit #21) Debt Refinancing Listing SBA 504 Projects may include a limited amount of debt refinancing as follows: 1) If the Project involves expansion (as defined by SBA) or a small business Applicant, certain debt for fixed assets (land, building, equipment) owned by the business may be refinanced as part of the project. The debt refinancing cannot exceed 50% of the cost of the expansion. SCKEDD and/or SBA will determine if the debt is eligible to refinance with this SBA 504 loan application as defined by SOP 50 10 5. Schedule of Debt for _______________________________________ (Name) As of: ________________________, 20___ Name of Creditor Use of Proceeds for Original Loan Original Amount Original Date Signature ___________________________________________ □ Current Balance Maturity Date Interest Rate Monthly Payment Collateral Date ________________ Provide copies of the following for each debt: 1) Note, 2) lien instruments and 3) transcript of account or similar document containing detailed payment history from the lender whose debt is being refinanced reflecting that the loan has been current. SCKEDD 504 Loan Application – February 01, 2015 16 (SBA Form 1244, Exhibit #12) Affiliate Form Operating Company Name: _______________________________________________ General principles of Affiliation: Concerns and entitles are affiliates of each other when one controls or has the power to control the other, or a third party or parties controls or has the power to control both, regardless whether control is exercised, so long as the power to control exists. SBA considers factors such as ownership, management, stock ownership, previous relationships with or ties to another concern and contractual relationships. (Complete definition of affiliation is found at 13 CFR 121.103) Please provide the names of all affiliated or subsidiary businesses. (Attached a separate sheet if necessary) Percentage of Ownership Name of Affiliated/Subsidiary Company or Managerial Role Signature ___________________________________________ Date ________________ Signature ___________________________________________ Date ________________ □ Please provide tax returns, Federal only, current balance sheet and income statement for each of the previous three (3) years for each affiliate or subsidiary business listed above. Note: Current financials means within 90 days of submission of the application to the SBA SCKEDD 504 Loan Application – ver. February 1, 2015 17 (SBA Form 1244, Exhibit #18) Non-Citizen Authorization Any alien who owns 20% or more of the applicant business must provide current / valid U.S. Citizenship and Immigration Services (USCIS) documents to the SBA lender representative (SCKEDD) to determine eligibility for the SBA loan request. The lender must verify the USCIS status of each alien, including Legal Permanent Residents. SCKEDD will submit a “Document Verification Request” with supporting information to the nearest USCIS office. USCIS then releases information about the status of an alien to the requesting lender ONLY when a signed and dated authorization from the alien is attached to and submitted with the “Document Verification Request” on that alien. The primary documents acceptable as “supporting information” are a “Resident Alien Card” or a “Permanent Resident Card.” Copies of both the front and the back of the card as well as an original letter like the one that follows must be provided by the applicant alien. SCKEDD must receive verification of the status of each alien required to submit USCIS documents prior to submission of the 504 Loan Application to SBA. Date: U.S. Citizens and Immigration Services 300 N. Los Angeles Street, B120 Los Angeles, CA 90012 Attn: Immigration Status Verification Unit RE: Letter of Permission/Document Verification Request To Whom It May Concern: I, , authorize the U.S. Citizenship and Immigration Services to release (Print name) information regarding my immigration status to South Central Kansas Economic Development District, Inc., 200 W. Douglas, Suite 710, Wichita, Kansas 67202, Phone (316) 262-7035/Fax (316) 262-7062, because I am applying for a U.S. Small Business Administration Loan. Regards, ______________________________________ Signature (Must be original signature) Address City, State, Zip Date of Birth Enclosures: □ USCIS Form G-845 (Document Verification Request); and [ ] Resident Alien Card or [ ] Permanent Resident Card (Front & Back Copies) Check here if this form is NOT applicable for any owners, stockholders, key management staff and company officers. SCKEDD 504 Loan Application – February 01, 2015 18 Customer Identification Program Important Information about Identification Procedures when Obtaining a 504 Loan To help the government fight the funding of terrorism and money laundering activities, Federal law requires all Certified Development Companies to obtain, verify and record information that identifies each person who applies for a 504 loan. What this means for you: When you apply for a 504 loan, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We will also ask to see your driver’s license (or other identifying documents) and may or may not take photocopies of said documents. Authorization and Indemnification Agreement I/we hereby authorize South Central Kansas Economic Development District, Inc., (hereafter referred to as “CDC” - Certified Development Company) or any of its affiliates to make all inquiries it deems necessary to verify the accuracy of the information provided herein, and to determine my/our credit worthiness for any purpose related to our credit transaction with them. I/we hereby certify that the enclosed application information including attachments/exhibits are valid and correct to the best of my/our knowledge. I/we hereby authorize the CDC to furnish relevant information to all necessary sources including various federal, state, county, and conventional funding opportunities to obtain the best sources for the project. I/we hereby authorize the CDC to furnish relevant information to CDC’s Loan Review Committee(s) for decision; and, to furnish relevant information to the CDC’s Board of Directors and various federal, state, and county agencies, officials and economic development representatives for CDC’s reporting requirements regarding area economic development. I/we authorize any company, partnership, corporation, organization or entity of whatever kind to provide the CDC with any credit, financial or personal information held by such entity and requested by the CDC. I/we further agree that I shall indemnify and hold the CDC harmless from any claim or cause of action arising because of incorrect, inaccurate or incomplete information furnished by me, whether the furnishing of such incorrect, inaccurate or incomplete information was accidental or intentional and in consideration of the CDC’s assistance, I waive all claims against the CDC, its personnel or counselors arising from this assistance. The small business applicant and its principals as individuals, agree to indemnify and hold South Central Kansas Economic Development District, Inc. (CDC) and/or its agents and assigns harmless from and against, any damages, cost, liability or expense attributable to release, threatened release, discharge, manufacture, production, storage or disposal or the presence of hazardous toxic substances, on or under borrower’s property or property in which borrower has an interest including adjoining real property and based upon claims assertble by local, state, and federal governmental authority or other third parties against CDC or its assigns. This indemnification will specifically survive, and is entirely independent of the debtor’s contractual obligation to repay the primary obligation held by CDC as amended, extended, or renewed by CDC, prepayment in full of the borrower’s indebtedness to CDC; and release of CDC liens on borrower’s real or personal property by payment, foreclosure, or other action including CDC’s discretionary abandonment of lien. Operating Company: ________________________________________________________________________________________________________ Small Business Applicant - Signature Date ________________________________________________________________________________________________________ Small Business Applicant - Signature Date Real Estate/Asset Holding Company: ________________________________________________________________________________________________________ Small Business Applicant - Signature Date ________________________________________________________________________________________________________ Small Business Applicant - Signature Date As Individuals: ________________________________________________________________________________________________________ Principal - Signature Date ________________________________________________________________________________________________________ Principal - Signature Date ________________________________________________________________________________________________________ Principal - Signature Date ________________________________________________________________________________________________________ Principal - Signature Date SCKEDD 504 Loan Application – February 01, 2015 19 504 Loan Program Information The undersigned acknowledges that a SCKEDD (CDC) representative has explained the following with regard to the 504 Loan application: 1. 504 Loan Prepayment (Early Payoff): The SBA 504 Loan Prepayment Penalty and timing of semi-annual prepayments – optimum time for prepayment. SBA 504 Loans have a Prepayment Penalty based on a predetermined schedule, which is based upon the rate of the underlying bond or debenture. The Prepayment is equal to the following % of the outstanding balance. The prepayment schedule for a loan with an underlying debenture rate of 5.00% is as follows: For a 20-year Loan For a 10-year Loan Prepaid in Year No.: 1 105.0% 2 104.5% 3 104.0% 4 103.5% 5 103.0% 6 102.5% 7 102.0% 8 101.5% 9 101.0% 10 100.5% After year 10 100.0% Prepaid in Year No.: 1 105.0% 2 104.0% 3 103.0% 4 102.0% 5 101.0% After year 5 100.0% The TIMING of a prepayment is also critical. Your monthly payments accrue to make a semi-annual debenture payment to the investors who fund your loan. You will be obligated to make the monthly payments up through the next semi-annual debenture payment date. Consequently, we will typically suggest that you hold off on making your prepayment until near the semi-annual anniversary date, so that you don’t pay a lot of additional interest. 2. 504 Loan Payments via ACH Debit: The SBA 504 monthly loan payments will be made by an automatic electronic withdrawal method of making payments from an account designated by Applicant. The electronic withdrawal will occur on the first day of the month. 3. Closing Costs: The closing and legal costs associated with this loan; closing costs including estimated Title Insurance, recording costs and other closing expenses will be financed as part of the debenture. Costs in excess of these estimates will be deducted from the Loan Packaging Deposit. Legal fees will be financed as part of Debenture administrative fees. (See Debt Pricing Estimate provided by SCKEDD for eligible closing and legal fees) 4. Title Policy: The requirement that Applicant purchase an ALTA Extended Coverage Lender’s Title Policy with ALTA Endorsements 8.2-06 (Commercial Environmental Protection Lien) & 9-06 (Restrictions, Encroachments, Minerals), as applicable. The costs associated with the title policy is the responsibility of the small business applicant. 5. Assumption: The SBA Loan is assumable with prior written approval of SBA. An assumption fee of one percent (1.0%) of the outstanding principal balance will be charged at the time of assumption. 6. 504 Interest Rate: The interest rate is determined at the time of Debenture Sale. Any discussion of interest rate at time of application or any time after loan approval, prior to Debenture Sale, is for demonstration and example only and does not constitute a quote or guaranty of the interest rate. SCKEDD 504 Loan Application – ver. February 1, 2015 20 7. Tax Return Transcripts: SCKEDD’s request for transcript of tax return(s) from IRS with borrower’s authorization (IRS Form 4506-T). 8. 504 Occupancy Requirements: For a newly constructed facility is 60% by the Applicant at the time of loan closing. Up to 20% may be leased for an indefinite time period. With regard to the remaining 20%, it is to be the intent of the Applicant to move into a portion of the remaining 20% leased space within three years and to fully occupy 80% of the facility within 10 years. For existing building, the Applicant must occupy at least 51% with no requirement to occupy the remaining leased space. Applicant will be required and agrees to assist CDC in obtaining Tenant Subordination(s) in a form satisfactory to the SBA and CDC for applicable leased or rented space. 504 Project funds may not be used for tenant leasehold improvements. When title to the Project Property real estate is held by an individual or entity other than the Operating Company and leased to the Operating Company (OC), the OC will lease 100% of the facility and then may sublease to unrelated third parties following the guidelines above. SBA refers to the individual or entity that owns real estate leased to the Operating Company an Eligible Passive Company. (See #9. for more information) 9. 504 Lease Agreement Requirements: The Eligible Passive Company (EPC)/Operating Company (OC) requirements of the SBA, including lease terms required by the SBA regulations. An EPC is an individual or company who owns the Project Property real estate that will be leased by the OC. See SCKEDD’s 504 Lease Agreement Requirements on our website for more detailed information. 10. 504 Appraisal Standards: A current appraisal of the project real estate must be obtained. The appraisal can be submitted to SBA with the loan application or prior to closing. See Appraisal Standards for SBA 504 Loans on our website for more detailed information. 11. 504 Environmental Guidelines: An Environmental Analysis must be completed. An Environmental Questionnaire must be completed on all projects involving real estate. See Environmental Guidelines for SBA 504 Loans on our website for more detailed information. APPLICANT: ______________________________ [insert small business applicant name]: Signature ___________________________________________ Date ________________ Signature ___________________________________________ Date ________________ SCKEDD 504 Loan Application – February 01, 2015 21