Getting Financed in Today’s Economy 1 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Understanding the Loan Process When you submit your business loan application, it may seem like it disappears into a black hole. But understanding how the commercial loan processing system works can help reduce your anxiety while you wait for approval. The lender will gather basic information, such as your income and existing debts. To initiate the loan process, you must then complete and submit a loan application. Once your application is received, a loan officer or processor will review your credit reports, the amount of available collateral, and your income. Your loan officer will determine if any additional documentation is required, such as personal financial statements. If you are purchasing real estate, you may also need to submit preliminary environmental reports, area maps, title reports, property appraisals, and lease summaries. If you are going through a broker, he or she will package your loan request and submit it to several lenders for approval. The problem with that approach is that you now are limited to just that Lender. Tip 1: Be Prepared Use Standard Application Documents and prepare your request before meeting with the Lender By preparing in advance for your loan request, you can save time and money and make sure you get the best rates and terms available. You should prepare a standard application package (see Appendix ) and gather the last 3 years of business tax returns and personal tax returns on all owners. Lenders typically will not return these documents to you so make sure you either scan and save make complete copies of the loan request package. Now the loan request can be sent to multiple lenders for consideration. The successful Lender will ultimately require their forms to be completed but using this approach will get you the best rate and terms. Remember, Lenders are in business to make money not just to provide financing. Most people when buying a car go to more than one dealer and the premise is the same with going for a commercial loan. After your commercial loan package is submitted to the decision makers — either a loan committee or underwriter — the loan officer will present you with a letter of intent or term sheet. This is a formal document intended to ensure that all parties involved (the lender and your company) are on the same page. The letter of intent may include the names of involved parties, amount of financing, type of security (collateral), and other key terms. Decisions are 2 Tip 2: Be Sure___ Make sure you are credit approved prior to signing a Term Sheet and parting with a good faith deposit Anchor Banc™ www.anchorbanc.com (855) 754-9577 usually made in one to five days. During the underwriting process, you may need to furnish additional documentation. Keep in mind, this is not a commitment to lend, just preliminary terms for discussion purposes only. Once you accept a term sheet from a lender you are required to give them a good faith deposit. This is essentially ensuring that Lender that they have first rights to consider you for a loan. The deposit generally ranges between $3,500 and $5,000 and is ultimately used to pay for due diligence reports (collateral appraisal and environmental site assessment). Since the deposit is non-refundable once Tip 3: Be Aware__ these expenses are incurred you should carefully review all Lenders are in business to make term sheets with you accountant and/or attorney. This is why money, not friends. They will not always tell you which loan product is sending your request to multiple lenders will give you leverage best for you, it is their job to sell and where using a commercial mortgage broker can pay off what’s best for them. for you. If you are using a commercial advisor, he or she should be helping you negotiate the best terms, fees, and conditions from various lenders. The next step is choosing the most attractive offer, and signing and returning the final letter of intent along with a check, if required, for a deposit, and to pay for third-party reports, such as appraisals. After all third-party reports are successfully completed and underwriting conditions are satisfied, the final loan package is resubmitted to the loan committee or Senior Lender for final approval. Assuming the due diligence reports meet the terms offered for discussion, the loan a Formal Commitment Letter is issued. This doesn’t occur until you are well vested in the process so you need to plan your strategy accordingly. Commercial appraisals cost between $1,500 - $3,000 depending on property type and environmental assessments can range from $400 - $2,500 depending on same. By using a commercial advisor, you can ensure that your loan request is credit approved and that your collateral has been vetted to determine the value and condition prior to parting with any good faith deposit. At this point the lender will issue a final full loan commitment. The commitment letter is the document that binds you to the loan and outlines the terms and conditions you will be required to abide by for the life of the loan. The terms and loan covenants should mimic what was disclosed on the term sheet but it is strongly recommended that you engage counsel to represent you in closing the transaction. 3 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Documenting Your Loan Request for Success To get commercial financing in today’s economy you need to provide full documentation of your business, its owners and any other affiliates or real estate holding companies the owners may have. The reason for this is simple, lenders have to demonstrate [in their loan file] that they have analyzed a borrower’s historical and global repayment ability of the loan. Now, not only does the subject business have to demonstrate it has historically generated sufficient cash flow to repay its debts but the lender also has to show the business’ principals have sufficient personal capacity to D O C U M E N T S R E Q U I R E D repay all of their obligations including the new loan. 3 Years Tax Returns for the Business Hence the lender will require you provide 3 years of tax 3 Years Tax Returns for the Owners returns for your business, personal returns for all Interim Financial Statement principals with a 20% or greater ownership, 3 years of returns for any affiliated entities the principals may have Bank Application as well as a management prepared interim financial Business Debt Schedule statement (balance sheet and profit and loss statement) Personal Financial Statements for the business dated within 90 days of the application. In addition to this, each Bank has their own form of application and each 20% or greater owner of the business will have to submit a personal financial statement. In addition to this, the borrower may also have to provide receivable and payable aging’s, bank statements, purchase agreements, and other documentation relevant to the purpose of the loan. Also, expect the Lender to verify the tax returns you submit with the IRS. Remember, without supplying the correct documentation for your loan request you will not get approved. 4 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Top 5 Mistakes Made When Applying for a Financing Whether you're applying for a business loan or a personal loan, there are common mistakes that can hinder the process. Below are 10 of the most common mistakes made when applying for a loan. Applying only to one lender. Although there are various lenders available, many people still head to their local bank first without shopping around. Credit unions and other sources are worth investigating. For example, if you are a small business owner, you should consider what the Small Business Administration can do through. Not knowing if you demonstrate repayment ability. Not understanding what type of debt service coverage is needed to qualify for a loan can cost you time and money. If you historically have under-reported income or over reported expenses you need to sit down with a commercial advisor to see what adjustments can be made to qualify you for a loan. Not knowing your credit rating. Before you apply for a loan, you need to know where you stand. Get copies of your credit scores from the three major credit bureaus so you will know if you're likely to get the loan approved. Not having your finances up-to-date. Whether you are seeking a personal or business loan, you shouldn't apply without having the proper financial documentation. This is an area where many people put the cart before the horse, and try to get a loan without making sure their financials are up-to-date Having inadequate collateral. You need to provide some collateral, should there be a default in payment. Generally, for real estate loans it is the subject real estate but for business and equipment loans you may need to provide real estate as well to secure the loan as Lenders no that business assets have very little value in events of default. 5 Anchor Banc™ www.anchorbanc.com (855) 754-9577 General Eligibility Guidelines for Lending Commercial Loan and Commercial Real Estate decisions will be based on an analysis of the five Cs of credit: (1) Capacity, (2) Character, (3) Capital, (4) Collateral, and (5) Conditions. 1. Capacity to Repay/Income. The borrower must have sufficient income to service this and other debts. As a general rule, the ratio of cash flow available to service debt-to-debt service should be greater than 1.2:1. Additionally, this ratio should be traced for at least the three years prior to the loan request to ascertain any declining trends. If projections are used to determine the capacity to repay, analysis of the financial history must indicate that the projections are achievable. 2. Character/Credit Record. A borrower's general character, integrity, and likely sense of responsibility to repay debt are indicated by the credit record. Credit experience alone can be sufficient reason for a declination. 3. Capital/Net Worth. A borrower's equity in his assets is a secondary source of repayment that can be considered for collateralizing loans. Capital may also indicate the borrower's attitude toward financial responsibility and debt management. As a general rule, a borrower should have a debt to net worth ratio less than 4:1 (may vary by industry). 4. Collateral/Down Payment. The borrower's financial condition and ability to service the debt from cash flow and profits is the primary source of repayment. Collateral is secondary and merely provides support in the event the primary sources of repayment do not materialize. In workout situations, collateral liquidation rarely generates the cash proceeds that were expected. For a detailed discussion of various types of collateral see the section, "Collateral." 5. Conditions/Economic Status. The condition of the local economy and that of the applicable industry help to determine the stability of the source of repayment. Market conditions, such as price fluctuations, rental market, and the stability of industry, must be considered. 6 Anchor Banc™ www.anchorbanc.com (855) 754-9577 What’s in your FICO® score FICO Scores are calculated from a lot of different credit data in your credit report. This data can be grouped into five categories as outlined below. The percentages in the chart reflect how important each of the categories is in determining your FICO score. These percentages are based on the importance of the five categories for the general population. For particular groups - for example, people who have not been using credit long - the importance of these categories may be somewhat different. Payment History Account payment information on specific types of accounts (credit cards, retail accounts, installment loans, finance company accounts, mortgage, etc.) Presence of adverse public records (bankruptcy, judgements, suits, liens, wage attachments, etc.), collection items, and/or delinquency (past due items) Severity of delinquency (how long past due) Amount past due on delinquent accounts or collection items Time since (recency of) past due items (delinquency), adverse public records (if any), or collection items (if any) Number of past due items on file Number of accounts paid as agreed Amounts Owed Amount owing on accounts Amount owing on specific types of accounts Lack of a specific type of balance, in some cases Number of accounts with balances Proportion of credit lines used (proportion of balances to total credit limits on certain types of revolving accounts) 7 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Proportion of installment loan amounts still owing (proportion of balance to original loan amount on certain types of installment loans) Length of Credit History Time since accounts opened Time since accounts opened, by specific type of account Time since account activity New Credit Number of recently opened accounts, and proportion of accounts that are recently opened, by type of account Number of recent credit inquiries Time since recent account opening(s), by type of account Time since credit inquiry(s) Re-establishment of positive credit history following past payment problems Types of Credit Used Number of (presence, prevalence, and recent information on) various types of accounts (credit cards, retail accounts, installment loans, mortgage, consumer finance accounts, etc.) Please note that: A FICO score takes into consideration all these categories of information, not just one or two. No one piece of information or factor alone will determine your score. The importance of any factor depends on the overall information in your credit report. For some people, a given factor may be more important than for someone else with a different credit history. In addition, as the information in your credit report changes, so does the importance of any factor in determining your FICO score. Thus, it's impossible to say exactly how important any single factor is in determining your score - even the levels of importance shown here are for the general population, and will be different for different credit profiles. What's important is the mix of information, which varies from person to person, and for any one person over time. Your FICO score only looks at information in your credit report. However, lenders look at many things when making a credit decision including 8 Anchor Banc™ www.anchorbanc.com (855) 754-9577 your income, how long you have worked at your present job and the kind of credit you are requesting. Understanding a Term Sheet vs. a Commitment Once a Lender has done a preliminary review of your request and decided to make an offer, they will issue a term sheet. This will outline the basic terms and conditions under which the Lender might consider offering you financing. It will clearly have a disclaimer in the content stating that it is only a for discussion purposes and is not a commitment to extend financing. The reason Lenders issue terms sheets is because they do not want to spend a great deal of time looking at loan requests if they are not sure the borrower will ultimately accept there terms. Hence, part of the last part of a term sheet is a request for a good faith deposit. Once you sign a terms sheet and return it with a deposit is the Lender considers your loan taken off the street so they do not have any competition. Hence, it is always important to try to solicit more than one offer from multiple lenders so you can ensure you get the best terms and conditions available. In order to do this you need to ensure you prepare a generic application package (sample loan documents included in the Appendix). Once you have settled on a Lender, you want to make sure the loan has been “credit approved” and subject only to due diligence reports (collateral appraisals and environmental report on property). A term sheet that is issued subject to underwriting could result in costing you money unnecessarily. Once a good faith deposit is given to the lender, they order the due diligence reports. If the loan does not get credit approved you, they will refund the deposit less the cost of those reports which generally cost between $3,000 -$5,000. A term sheet can be broken down into 5 sections: 1. Sources and Uses of Funds 2. Repayment Terms 3. Collateral Requirements 4. Loan Covenants 5 Acceptance of terms Sources and Uses of Funds The Sources and uses section outlines the amount of money the lender is willing to loan and the purpose(s) for which it will be used. Many borrowers make the mistake when completing the Loan Application of leaving the amount requested blank. This is an indication to the Lender that the Borrower is unaware of its financing needs and often times results in the request getting declined. If you are unsure how much 9 Anchor Banc™ www.anchorbanc.com (855) 754-9577 money you can qualify for, you should consult your accountant or a commercial loan specialist. Repayment Terms The repayment section of a term sheet outlines the payment schedule and interest rate the lender is willing to charge. Lenders use various terms and base indexes in setting interest rates for loans based on the type of loan being made. They also impose various pre-payment penalty fees for repaying the loan before its scheduled maturity. Business loans for equipment and working capital generally have a 3-10 year re-payment schedule and the base rate used is the Wall Street Journal Prime Rate. Added to this base rate is an interest spread typically between 1% - 3%. Pre-payment penalties on business loans are rare as they are short term products. Interest rates for business loans usually adjust on a calendar quarterly basis when the base rate changes. Commercial Mortgages typically have a 5-20 year term but a 25 year amortization of payments with the balance due at maturity. The base index for commercial mortgages is usually the Federal Home Loan Bank Rate or the 5 Year US Treasury rate. The interest rate spread added is typically 2.25%-3.25%. Prepayment penalties generally are either a declining 5 year (5% in year on, 4% in year 2 etc.) or yield spread maintenance. Yield spread maintenance runs for the life of the loan and only creates a penalty if the new interest rate you are getting with another lender is less than the interest rate you currently have. Interest rates are typically fixed for a 5 year term and than reset on 6th,, 11th, and 16th anniversary date of the note. Longer fixed rates are sometimes available but are typically priced with a significantly higher interest spread (4%-7%). Collateral Requirements The collateral requirements for a loan depend on the type of loan being requested and the overall strength of the applicant. Banks and Credit Unions are federally insured and therefore are regulated by the Federal Government. Hence, Lenders are required to have a commercial loan policy in place outlining the terms and conditions under which they will provide financing to their market base. Part of this policy defines the collateral they will use to secure a loan. Business loans are typically secured by the assets of the business along with the personal guaranty of its owners. Depending on the amount of financing requested and the value of the underlying business assets, other collateral may also be required in the form of liens on personal residences or investment properties as well as an SBA guaranty. 10 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Commercial mortgages are secured by the underlying real estate and most lenders will lend no more than 80% of the value of the property as determined by their approved appraiser. Only the Lender making the loan can order the appraisal. The typical cost for a commercial appraisal varies between $1,500 -$4,500 depending on the property type. The appraisal process typically takes 3-4 weeks once the order has been approved. Environmental reports are also required on all commercial real estate. The type of report and cost also varies based on the type of property. The most basic form of environmental due diligence is a transaction screen which costs $900. If the property was ever used for a nature deemed environmentally risky, a phase I will be required. The cost of a phase I report is between $2,200 - $2,500. Loan Covenants The loan covenant section of a term sheet provides all the other requirements necessary to be approved for financing. The basic loan covenants include Environmental Indemnity: The Borrower will indemnify and hold the Lender harmless from and against any and all cost, loss, damage, liability and expense, including attorney’s fees, suffered or incurred by the Lender in connection with the Loan, at any time, whether before, during or after enforcement of its rights and remedies upon default, on account of any release of hazardous materials at, upon, under, Tip 4: Old Reports_ or within the Real Property, or resulting from the Having a prior environmental report presence of asbestos or asbestos-containing available to submit with you application materials, PCB’s, radon gas, lead paint, or UREA can reduce the cost of due diligence formaldehyde foam insulation and the like at the substantially . Real Property, including with respect to (i) the imposition by any governmental authority of any lien or so-called “super priority lien” upon the Real Property, (ii) clean up costs, (iii) liability for personal injury or property damage to the environment, and (iv) fines, penalties and punitive damages. Hazard Insurance: The Borrower will maintain appropriate hazard insurance policies on the Collateral satisfactory to the Lender. The Borrower must submit evidence of all risks hazard insurance on the Collateral from a company and in a form acceptable to the Lender, with extended coverage in amounts at all times sufficient to prevent it from becoming a co-insurer within the terms of the applicable policy, but in any event such insurance shall be maintained in an amount equal to the full insurable value of the Collateral and with deductibles acceptable to the Lender. Liability Insurance: Borrower shall maintain comprehensive general liability insurance, including bodily injury, death and property damage liability, dram shop coverage (if applicable) and umbrella liability insurance against any and all claims, including all legal liability to the extent insurable imposed upon Lender and all court costs and attorneys’ fees and expenses, arising out of or connected with the possession, use, leasing, operation, maintenance or condition of the Real Property in such amounts as the Lender may reasonably require. In addition, Borrower shall maintain statutory workers’ 11 Anchor Banc™ www.anchorbanc.com (855) 754-9577 compensation insurance (to the extent the risks to be covered thereby are not already covered by other policies of insurance maintained by it), for any employees with respect to any work on, about or regarding the Real Property. Such policies shall cont a noncancellation provision without twenty (20) days prior written notice to the Lender. Borrower will evidence the insurance through a certificate of insurance (ACORD 25) from the appropriate insurance company fifteen (15) days prior to Loan closing. Flood Insurance: If any of the Collateral is located in an area defined by the Department of Housing and Urban Development as having specific flood hazards, the Borrower must obtain, and maintain for the life of the Loan, flood insurance in an amount equal to the lesser of the amount of the Loan or the maximum amount of coverage available under the Flood Disaster Protection Act of 1973. The Lender typically orders a Flood Plain search as part of its due diligence. Title and Title Insurance: The title to all Collateral for the subject Loan must be in a form Tip 5: Save Money _ satisfactory to the Lender. With regard to real estate secured loans, the Lender will require a Using your attorney to do title searches specimen lender’s title insurance policy on a and title policies will usually save you on standard American Land Title Association (ALTA) title process . form insuring them in an amount not less than the amount of the Loan and in form and substance acceptable to the Lender. Your Attorney can provide this service. Title to Collateral: Borrower may not sell, assign, encumber, or otherwise transfer title to the Collateral during the term of the Loan. Borrower represents that it owns, or will at the time of closing, own the Collateral in fee simple, free and clear of liens, restrictions and encumbrances, except as approved by the Lender prior to closing. Survey/Plot Plan: With regard to real estate secured loans, prior to closing, the Borrower shall provide Lender with a certified plot plan or engineers survey on the Real Property. Certification of Leases: If the Lender and/or Borrower anticipate that the source for repayment of the Loan shall in whole or in part be generated from rental payments made to the Borrower from third-party tenants at the Real Property, then the Lender, as a condition to closing the Loan, may require lease estoppel certificates or lease certification agreements, in form and substance satisfactory to them, to be signed by all such third-party tenants at the Real Property. Landlord’s Consent and Waiver: If any Collateral for the Loan consisting of tangible or intangible personal property is located on leased premises, the landlord, as a condition to closing the Loan, will be required to waive any claim against or lien upon the Collateral in which the Lender holds a security interest, and also agree to the entry of the Lender for purposes of removing and/or liquidating its Collateral in the event of default by the Borrower and/or Guarantor in its obligations. 12 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Financial Reporting: Each year, within 120 days of calendar year end, signed copies of the Borrowers’ annual tax returns, with all supporting schedules must be submitted to the Lender. Each year, within 120 days of calendar year end, signed copies of Guarantors’ annual tax returns, together with all supporting schedules, along with a new personal financial statement in form and substance satisfactory to the Lender must be submitted. When Borrower is not the sole-tenant of the Real Property, a current Rent Roll (Lease/Rental Summary) is to be provided as part of the annual financial statement. The Borrower and Guarantor must also provide additional financial information when requested by the Lender. Financial Covenant(s): Most lenders require annual debt service coverage of 1.20x. This basically is determined by dividing the businesses or property’s available cash flow by the total annual debt payments. If you do not meet the covenant ratio you could be in default of your loan. If you know that you are not going to be in compliance you should be pro-active at meeting with you Lender to get a waiver of the requirement. Compliance: Prior to closing, the Borrower must provide the Lender with evidence satisfactory in form and substance that the Real Property and the use thereof comply with all applicable zoning, building, subdivision, wetlands, state and local fire codes, and other laws, ordinances, rules, regulations, and other covenants and restrictions and that there is no action or proceeding pending before any court, quasijudicial body or administrative agency relating thereto, together with permanent and unconditional certificates of occupancy and other certificates, permits, licenses and other items relating to such compliance which are required by or are to be obtained from any board, agency or department, whether governmental or otherwise. Disclosure: Borrower and Guarantor represent that they have disclosed all facts material to the Collateral, their business operations, and/or personal finances to the Lender. Deposit Accounts: The Borrower shall maintain primary deposit accounts with the Lender. Closing the Transaction Once all due diligence reports have been satisfactorily reviewed, a loan commitment resembling the term sheet is issues. The difference between the term sheet and commitment is now the lender has formally committed to providing financing and terms and conditions are final. The commitment is sent to the Lender’s counsel to prepare loan documents based on the terms detailed therein. 13 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Understanding the SBA 504 Program Program Basics The SBA 504 commercial loan program provides 90% financing of a business owners’ total cost for the purchase of real estate or large ticket fixed assets, as opposed to the 70 percent to 80 percent offered with most conventional commercial loans. The typical breakdown of the funds in a 504 loan is 50 percent from a bank or other private lender, 40 percent from the SBA, and 10 percent from the borrower. Business owners can reduce their initial capital outlays by as much as $1 million in some circumstances by leveraging the 504 program’s 90 percent loan-tocost financing. In many cases, this lower down payment requirement is what makes it possible for business owners to afford the initial capital outlay for their acquisitions or construction projects without disrupting their operations, In addition, the 504 program enables borrowers to include renovation, closing, and other soft costs along with furniture, fixtures, and equipment into the financing package. Using 504 Funds Proceeds from Small Business Administration 504 loans must be used for fix asset projects such as purchasing land and improvements including existing buildings, grading, street improvements, utilities, parking lots, and landscaping; construction of new facilities; modernizing, renovating, or converting existing facilities; or purchasing long-term machinery and equipment. Fore more information on SBA 504 loans, visit www.sba.gov. The portion of the 504 loan that is funded by the SBA represents the least expensive financing available in the commercial mortgage industry for small business — 6.03 percent fixed for 20 years as of December 2007. The blended rates for the entire loan are often significantly lower than those of conventional loans and can be fixed for the duration of the 20-year to 25-year amortizations. In addition, borrowing from the SBA 504 program does not prelude business owners from also applying for funding from the SBA 7(a) program for working capital, inventory, and other needs. By forgoing the 504 loan program and real estate ownership, business owners would be disregarding one of their best options for preserving capital, improving cash flow, and maximizing profits. Initially they benefit from the lower down payment requirement, but as business owners reach retirement age, they can sell their business while retaining and leasing the real estate as a continuing income source. 14 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Who is Eligible SBA 504 loans are almost available to any type of for-profit small to midsize businesses in the U.S. with the exception of financial services providers, passive real estate investors, companies having a tangible business net worth greater than $7 million, or companies with net profits after taxes that averaged more than $2.5 million during the past two years. As an SBA lending program, 504 loans require applicants to demonstrate job creation, export potential, or other economic development or public policy goals, which are met easily for the majority of applicants. The funds must be used for capital expenses, including land, buildings, construction, and equipment. Owner occupancy requirements are 51 percent of the total square footage for acquisition loans and 60 percent for newconstruction financing. In addition, multiple businesses may be able to jointly pool 504 financing if they meet occupancy requirements together. The loans require the same amount of documentation and due diligence as ordinary loans commercial loans, and approval processes also are comparable to conventional loan processing. For commercial brokers who represent clients who wish to own rather than lease space and equipment, the SBA 504 loan program is an effective tool for closing deals. These brokers also are providing added value to their clients by informing them of one of least-known programs for property financing. PROGRAM ATTRIBUTES Eligible Borrowers Less than 500 employees. Net Worth must not exceed $6 million Net income after taxes for the preceding 2 years must not exceed $2 million. The business must be a for-profit entity with a "sound business" purpose. Borrower Cash Injection 10% of total project 15% of total project for start-ups 504 Debenture Terms 2o Years for real estate-including new construction. 10 Years for fixed assets. 15 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Benefits: Top 10 Reasons for Using the SBA 504 Program: I. Ninety percent (90%) financing of the total project costs for commercial real estate purchases. Utilizing our 504 loan program allows business owners to preserve more capital for other uses and gain the highest cash-on-cash return for their capital. II. Businesses can save on interest expenses by not accepting market interest rates when below market, fixed interest rates are available with our 504 loan program. III. Longer loan amortizations allow for smaller monthly payments, which have less impact on business cash flow. Furthermore, since prepayments are always allowed (generally up to 20% of the principal balance during the first ten years), business owners can have the best of both worlds — smaller monthly payments for when times are tight, but able to prepay when excess cash is on hand. IV. When putting in ten percent (10%) equity, getting below market interest rates and having the benefits of longer loan amortizations versus traditional lending, business owners' cash flow is less impacted and they can still realize all the advantages of purchasing or constructing commercial real estate. V. Owning commercial real estate instead of leasing typically has an immediate reduction of up to forty percent (40%) on real estate expenses, plus the added benefit of converting the third largest expense facing businesses into a fixed cost that does not increase by an average of three and a half percent (3.5%) each year like with renting. VI. Financing closing and other soft costs with our 504 loan helps keep out-ofpocket expenses to a true ten percent (10%) minimum when business owners make the decision to purchase commercial property and only want to spend the minimum amount of cash necessary in order to preserve more capital for other uses. VII. No balloon payments, calls or negative loan covenants enable borrowers to have more control, more peace of mind and less lender micro-management. VIII. Closing in as little as 45 days allows business owners to take possession of their new asset and start reaping the advantages as soon as possible. IX. Dealing with a specialist in 504 loan financing makes the experience of buying commercial property simple and hassle-free. Twenty-four hour preapprovals and four day commitments are another example of this. X. Future sales of properties financed by our 504 loans are benefited by having assumable mortgages at today's historically low interest rates. 16 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Why Some Lenders Avoid Using the 504 Loan Program Many loan applicants are unaware of the SBA 504 loan program. Lenders tend to avoid using it or even recommending it to prospects as they would rather make a larger loan under conventional loan standards. Using the 50 program enable a prospective applicant to borrow up to 90% of the cost of an owner/user business property as opposed to a conventional loan where you can only finance up to 80%. What’s more, 40% of the loan amount is fixed for the life of the loan where with a conventional loan, it re-prices every 5 years. Using the 504 program a borrower would get 3 loans. A permanent first mortgage equal to 50% of the appraised value of the asset being financed. The second loan would be a second mortgage funded by government issued debentures equal to 40% of the asset being financed. The Lender would also provide an interim loan (usually 60 days) to finance the SBA Debenture portion until it is funded. Most lenders simply would rather make a bigger loan and have the applicant inject the 20% - 25% equity their loan policies require to avoid the additional paperwork at the cost of their loan applicant. The SBA 504 Loan program provides 20 year fixed rate loans to small businesses to purchase property, buildings, and/or equipment. This loan program can provide up to $4 million in some cases, and can be very helpful, but is simply more work for a lender to process. The loan program requires a very detailed application, which will very between commercial lenders at times. Standards have been created by the SBA, which are used with some modifications by lenders. The SBA requires a partnership for the 504 loan between a lender and a CDC organization. The private lender is responsible for 50% of the loan, the CDC provides 40%, with the business owner putting down 10% .The immense detailed requirements that are needed for an SBA 504 loan are sometimes more than a traditional loan. As a result Lenders shy loan applicants away from the program because they do not want the additional work. Using a commercial loan specialist skilled in the 504 program can streamline the application process. Depending on the lender, it can take significantly longer for the process to determine if you are approved. While some lenders promote decisions in 45-60 days, some can take 6 to 12 months to decide. Generally these are Lenders that do not use the program frequently. Using a Commercial Loan Specialist that understands the 504 loan program can help expedite your request and target the appropriate lender for your loan. 17 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Typical 504 Loan Structure Borrower: Estimated Purchase Price: Closing Costs TBD $625,000 business and real estate $ 15,000 (Appraisal, Environmental, Title Etc.) Total Project $640,000 Cash Injection $ 64,000 Permanent First Mortgage Loan: Loan Amount Term: Amortization Program: Initial Rate Initial Payment Adjustment Period Reset Rate Prepayment Fee $320,0000 20 Years 25 Years FHLB 5/5 6.25% $2,110.94 Every 5 Years from Note date FHLB 5 Year advance rate plus 2.75% Yield Maintenance Interim Loan: (pending issuance of SBA Debentures) Loan: Term: Amortization Program: Base Rate Index Loan: Term: Amortization Program: Base Rate Index $256,000 60 Days Interest Only Prime +1% Wall Street Prime 1% SBA Debentures $256,000 20 years 20 years 20 years Fixed Wall Street Debenture 6.50% Estimated Mortgage Expense First Mortgage $320,000 Debenture (including financed expenses) $256,000 Estimated Monthly Mortgage Payment 18 @ 6.45%;25 years = 2,110.94 @ 6.50%;20 years = 1,908.67 $4,019.61 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Understanding the SBA 7(a) Program Loan Program Basics The 7(a) Program is the SBA's primary loan program. There are three principal parties to an SBA 7(a) guaranty loan: SBA, the small business applicant, and the private lender. The lender plays the central role in delivering the loan. It is the lender that performs the initial review of the small business loan application and determines whether to submit the loan to the SBA for approval. The SBA reviews the application and the lender's analysis and determines whether to provide the loan guarantee. A typical loan package to a lender will include a Business Plan, financial projections for three years including Cash Flow Statements, Income (Profit and Loss) Statements, and Balance Sheets, current business financial statements, and business financial statements and income tax returns for the past three years or for how ever long the business has existed, whichever is less. If the business is a start-up and unless the business has a substantial banking history and unencumbered assets, the lending institution will require all owners with more than a 20% ownership position to personally guarantee the loan. Therefore, a current personal financial statement and personal income tax returns for the past three years from each such owner will also be required. If the loan request is submitted to the SBA, a 7(a) Loan Application will need to be completed as well. Eligibility Requirements To be eligible for a 7(a) Loan, the business must be operated for profit and qualify as a small business under the SBA size standard. The size standard is based on the average number of employees for the proceeding 12 months or on sales volume averaged over the last three years. The Standard Industrial Classification (SIC) Code for the industry in which the small business is engaged is used to determine the applicable size standard. The business may NOT be involved in speculation or investment in rental real estate. Loan funds can be used for expansion or renovation, construction of a new facility, purchase of land or buildings, purchase of equipment, fixtures, or leasehold improvements, working capital, refinancing debt for compelling reasons, a seasonal line of credit, acquiring inventory or any legal business expense. Loan terms depend on the ability to repay the loan. Generally, working capital is 5 to 10 years and construction, real estate, and capital equipment or machinery is up to 25 years, not to exceed the life of the equipment or machinery. The maximum amount of a 7(a) guarantee is $750,000 or 75% of the total loan which ever is less. On loans under $100,000, the guarantee is 80%. The guarantee is to the LENDER to encourage the lender to make the loan. 19 Anchor Banc™ www.anchorbanc.com (855) 754-9577 What SBA Looks For: Operate as a for-profit company. Do business (or propose to) in the United States or its possessions. Meet SBA Size Standards. Be an eligible type of business. While the vast majority of businesses are eligible for financial assistance from the SBA, some are not. Check this list of Eligible and Ineligible Types of Businesses to see if your company qualifies. Plan to use proceeds for an approved purpose. 7(a) loan proceeds may be used to establish a new business or to assist in the operation, acquisition or expansion of an existing business. This list explains Eligible and Ineligible Use of Proceeds. Not have funds available from other sources. SBA does not extend financial assistance to businesses when the financial strength of the individual owners or the company itself is sufficient to provide all or part of the financing. Both business and personal financial resources are reviewed as part of the eligibility criteria. If these resources are found to be excessive, the business will be required to use those resources in lieu of part or all of the requested loan proceeds. Ability to repay the loan on time from the projected operating cash flow of the business. Good character. SBA obtains a "Statement of Personal History" from the principals of each applicant firm to determine if they have historically shown the willingness and ability to pay their debts and whether they have abided by the laws of their community. Management expertise and commitment necessary for success. Feasible business plan While "a maze of red tape" comes readily to mind at the thought of government involvement, SBA loans are relatively easy to complete, if the borrower has thoroughly prepared himself and has the requisite information readily available. The mechanics of the transaction are usually as follows: 1. The business applies to the bank for a loan. 2. The bank decides it needs a government guarantee from the Small Business Administration in order to extend credit to the potential borrower. 3. The bank approves the term loan, subject to SBA guarantee. 4. The bank applies to the district SBA office for the guarantee. 5. The SBA approves or disapproves the guarantee, notifying the bank by letter. 6. The bank notifies the owner. If the credit is approved the bank may be able to disburse some funds against the guarantee as soon as it has the letter. 7. The SBA lawyers prepare the loan documents and send them to the bank. 8. The bank disburses the funds and administers the loan until it has been paid in full. The bank will apply to the SBA for any changes in the loan agreement during 20 Anchor Banc™ www.anchorbanc.com (855) 754-9577 subsequent years. The SBA would become directly involved only in the case of default where the company's assets must be liquidated to pay off the loan. How the Program Works Since a key concept of the 7(a) loan program is that the loan comes from a commercial lender, not the Government, a small business applies directly to a lender for financing. The lender reviews the application and decides if it merits a loan on its own or if it requires additional support in the form of an SBA guaranty. The SBA guaranty assures the lender that if the borrower does not repay the loan, the Government will reimburse the lender for its loss, up to the percentage of SBA's guaranty. However, the small business borrowing the money remains obligated for the full amount due. If the lender is not willing to provide the loan, even with an SBA guaranty, SBA cannot force the lender to do so. So it is important for applicants to be prepared when they approach a lender; they should know and meet the lender’s criteria and requirements as well as those of the SBA. To be considered for an SBA–backed loan, the applicant must be both eligible and creditworthy. Terms and Conditions The specific terms of SBA loans are negotiated between an applicant and the participating financial institution, subject to the requirements of SBA. In general, the following provisions apply to all SBA 7(a) loans. Loan Amounts SBA can guarantee as much as 85 percent on loans of up to $150,000 and 75 percent on loans of more than $150,000. 7(a) loans have a maximum loan amount of $2 million. SBA's maximum exposure is $1.5 million. Thus, if a business receives an SBA-guaranteed loan for $2 million, the maximum guaranty to the lender will be $1.5 million or 75 percent. SBAExpress loans have a maximum guaranty set at 50 percent. The American Recoery and Reinvestment Act signed into law February 17, 2009, authorized a temporary increase in SBA’s guaranty percentage to up to 90% on guaranty loans, except those processed under SBAExpress, through the end of calendar year 2009, or until the funds appropriated for this provision are exhausted, whichever comes first. Maturity Terms SBA loan programs are generally intended to encourage longer-term small business 21 Anchor Banc™ www.anchorbanc.com (855) 754-9577 financing. Loan maturities are based on the ability to repay, the purpose of the loan proceeds, and the useful life of the assets financed. However, maximum loan maturities have been established: 25 years for real estate and equipment, and terms for a working capital or inventory loan should be appropriate to the borrower’s ability to repay up to 10 years. The maximum maturity of loans used to finance fixed assets other than real estate will be limited to the economic life of those assets, in no instance to exceed 25 years. The 25-year maximum will generally apply to the acquisition of land andbuildings or the refinancing of debt incurred in their acquisition. Where business premises are to be constructed or significantly renovated, the 25year maximum would be in addition to the time needed to complete construction. (Significant renovation means construction of at least one-third of the current value of the property.) When loan proceeds will be used for a combination of purposes, the maximum maturity can be a blended maturity based on the use of proceeds or up to the maximum for the asset class comprising the largest percentage of the use of proceeds. Interest Rates Interest rates are negotiated between the borrower and the lender but are subject to SBA maximums, which are pegged to the prime rate, the LIBOR rate, or an optional peg rate. Interest rates may be fixed or variable. These are the interest rates for fixed rate loans: Fixed rate loans of $50,000 or more must not exceed the base rate plus 2.25 percent if the maturity is less than seven years, and the base rate plus 2.75 percent if the maturity is seven years or more. For loans between $25,000 and $50,000, maximum rates must not exceed the base rate plus 3.25 percent if the maturity is less than seven years, and the base rate plus 3.75 percent if the maturity is seven years or more. must not exceed the base rate plus 4.25 percent if the maturity is less than seven years, and the base rate plus 4.75 percent, if the maturity is seven years or more. Variable rate loans may be pegged to the lowest prime rate, the LIBOR For loans of $25,000 or less, the maximum interest rate Rate, or the SBA optional peg rate. The optional peg rate is a weighted average of rates the federal government pays for loans with maturities similar to the average SBA loan. It is calculated quarterly and published in the Federal Register. The lender and the borrower negotiate the amount of the spread, which will be added to the base rate. An adjustment period is selected which will identify the frequency at which the note rate will change. It must not be more often than monthly and it must be consistent (e.g., monthly, quarterly, semiannually, annually, or any other defined period). 22 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Percentage of Guaranty SBA can guarantee up to 85 percent of loans of $150,000 and less, and up to 75 percent of loans above $150,000. This standard applies to most variations of the 7(a) Loan Program. However, SBAExpress loans carry a maximum of 50 percent guaranty. The Export Working Capital Loan Program carries a maximum of 90 percent guaranty, up to a guaranteed amount of $1,000,000. The American Recovery and Reinvestment Act signed into law February 17, 2009, authorized a temporary increase in SBA’s guaranty percentage to up to 90 percent on guaranty loans, except those processed under SBAExpress, through the end of calendar year 2009, or until the funds appropriated for this provision are exhausted, whichever comes first. The maximum outstanding guaranteed amount remains at $1,500,000. Fees To offset the costs of its loan programs to the taxpayer, SBA charges lenders a guaranty fee and a servicing fee for each loan approved and disbursed. The amount of the fees is based on the guaranty portion of the loans. The lender may charge the upfront guaranty fee to the borrower after the lender has paid the fee to SBA and has made the first disbursement of the loan. The lender's annual service fee to SBA cannot be charged to the borrower. For loans approved on or after December 8, 2004, the following fee structure applies: For loans of $150,000 or less, a 2 percent guaranty fee will be charged. Lenders are again permitted to retain 0.25 percent of the up-front guaranty fee on loans with a gross amount of $150,000 or less. For loans more than $150,000 but up to and including $700,000, a 3 percent guaranty fee will be charged. For loans greater than $700,000, a 3.5 percent guaranty fee will be charged. For loans greater than $1,000,000, an additional 0.25 percent guaranty fee will be charged for that portion greater than $1,000,000. The portion of $1,000,000 or less would be charged a 3.5 percent guaranty fee; the portion greater than $1,000,000 would be charged at 3.75 percent. The American Recovery and Reinvestment Act signed into law February 17, 2009, authorized a temporary elimination of the borrower upfront guaranty fee on 7(a) loans having a maturity of longer than 12 months, through the end of calendar year 2009, or until the funds appropriated for this provision are exhausted, whichever comes first. 23 Anchor Banc™ www.anchorbanc.com (855) 754-9577 The annual on-going servicing fee for all 7(a) loans approved on or after October 1, 2007, shall be 0.550 percent of the outstanding balance of the guaranteed portion of the loan. The legislation provides for this fee to remain in effect for the term of the loan. Prohibited Fees Processing fees, origination fees, application fees, points, brokerage fees, bonus points, and other fees that could be charged to an SBA loan applicant are prohibited. The only time a commitment fee may be charged is for a loan made under the Export Working Capital Loan Program. Prepayment Penalties Prepayment penalties apply when a loan: Has a maturity of 15 years or more and the borrower is prepaying voluntarily; The prepayment amount exceeds 25 percent of the outstanding balance of the loan; The prepayment is made within the first three years after the date of the first disbursement (not approval) of the loan proceeds. The prepayment fee is: 5 percent in Year 1, 3% in Year 2 , 1% in Year 3 and none thereafter Web Sites for more Assistance: www.anchorbanc.com www.sba.gov 24 Anchor Banc™ www.anchorbanc.com (855) 754-9577 Appendix I Glossary of Terms ADJUSTABLE RATE MORTGAGE (ARM) Is a mortgage in which the interest rate is adjusted periodically based on a preselected index. . AMORTIZATION The periodic principal pay down of a loan. BALLOON (payment) MORTGAGE Usually a short-term fixed-rate loan which involves small payments for a certain period of time and one large payment for the remaining amount of the principal at a time specified in the contract. COMMERCIAL LOAN SPECIALIST An individual in the business of assisting in arranging funding or negotiating contracts for a client buy who does not loan the money himself. COLLATERAL Property pledged to secure a loan. COMMITMENT A contract issued by a lender to make a loan on specific terms or conditions to a borrower or builder. COVENANT A written agreement or restriction on the use of land or promising certain acts. Homeowner Associations often enforce restrictive covenants governing architectural controls and maintenance responsibilities. However, land could be subject to restrictive covenants even if there is no homeowner's association. CONVENTIONAL LOAN A mortgage underwritten using conventional standards including reviewing tax returns of the borrower, credit histories, resumes of principals and other such information deemed necessary to assess the risk of a particular transaction. CREDIT REPORT A report documenting the credit history and current status of a borrower's credit standing. 25 Anchor Banc™ www.anchorbanc.com (855) 754-9577 DEBT-SERVICE COVERAGE RATIO (DSCR) The ratio of available cash flow of a business to annual debt obligations. DOWN PAYMENT Money paid to make up the difference between the purchase price and the mortgage amount. Down payments usually are 10 percent to 20 percent of the sales price on conventional. EQUITY The value an owner has in real estate over and above the obligation against the property. ESCROW Funds that are set aside and held in trust, usually for payment of taxes and insurance on real property. Also earnest deposits held pending loan closing. FIXED RATE MORTGAGE The mortgage interest rate will remain the same on these mortgages throughout the term of the mortgage for the original borrower. GUARANTY A promise by one party to pay a debt or perform an obligation contracted by another if the original party fails to pay or perform according to a contract. HAZARD INSURANCE A form of insurance in which the insurance company protects the insured from specified losses, such as fire, windstorm and the like. INDEX A published interest rate against which lenders measure the difference between the current interest rate on an adjustable rate mortgage and that earned by other investments (such as one- three-, and five-year U.S. Treasury security yields, the monthly average interest rate on loans closed by savings and loan institutions, and the monthly average costs-of-funds incurred by savings and loans), which is then used to adjust the interest rate on an adjustable mortgage up or down. LOAN-TO-VALUE RATIO The relationship between the amount of the mortgage loan and the appraised value of the property expressed as a percentage. MARGIN The amount a lender adds to the index on an adjustable rate mortgage to establish the adjusted interest rate. MORTGAGE A voluntary lien filed against property to secure a debt, usually a loan. To foreclose, the 26 Anchor Banc™ www.anchorbanc.com (855) 754-9577 lender must often institute a court action and the borrower may have the right to reclaim the property after foreclosure. ORTGAGE INSURANCE Money paid to insure the mortgage when the down payment is less than 20 percent. MORTGAGEE The lender MORTGAGOR The borrower or homeowner NOTE A written promise to pay a certain sum of money at a certain time. A negotiable note starts "Pay to the order of" and is transferable by endorsement similar to a check. ORIGINATION FEE The fee charged by a lender to prepare loan documents, perform credit checks, inspect and sometimes appraise a property; usually computed as a percentage of the face value of the loan. POINTS Prepaid interest assessed at closing by the lender. Each point is equal to 1 percent of the loan amount (e.g., two points on a $100,000 mortgage would cost $2,000). PREPAYMENT A privilege in a mortgage permitting the borrower to make payments in advance of their due date. PRINCIPAL The amount of debt, not counting interest, left on a loan. SECOND MORTGAGE A mortgage made subsequent to another mortgage and subordinate to the first one. UNDERWRITING The decision whether to make a loan to a potential home buyer based on credit, employment, assets, and other factors and the matching of this risk to an appropriate rate and term or loan amount. All information herein contained in from sources deemed reliable, but no warranty is made as to its accuracy. 27 Anchor Banc™ www.anchorbanc.com (855) 754-9577