Loan Application Analysis

LOAN APPLICATION ANALYSIS AGREEMENT

This Loan Application Analysis Agreement (the Agreement) is entered into as of by and between Client Name: and Analyst Name: .

RECITALS

WHEREAS, Client requires an independent, written analysis of a loan application submitted by Applicant Name: for the purpose of evaluating creditworthiness, collateral sufficiency and repayment risk;

WHEREAS, Analyst has the professional qualifications and experience to perform a complete analysis of the loan application and related documentation and is willing to provide such services to Client under the terms set forth herein;

WHEREAS, the parties desire to set forth the scope of Analyst's services, compensation, confidentiality obligations and other terms governing their relationship;

SCOPE OF WORK

Analyst shall perform a detailed analysis of the loan application and supporting documentation provided by Client. Analysis deliverables shall include an executive summary, credit risk assessment, collateral valuation summary, stress testing assumptions, recommended lending terms, and a final written report.

PAYMENT TERMS

Any payment not received within days of its due date shall accrue interest at the rate of per month, compounded monthly, or a fixed late charge of , whichever is greater. Client shall pay all reasonable collection costs, including attorneys' fees, incurred by Analyst to obtain overdue amounts.

TERM AND TERMINATION

This Agreement commences on Start Date: and shall continue until End Date: , unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon prior written notice of to the other party. Either party may terminate immediately for material breach by the other party that remains uncured for a period of 14 days following written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that in the course of performing this Agreement it will receive or have access to Confidential Information of the other party. "Confidential Information" means nonpublic information, whether written, oral or electronic, including loan application materials, financial statements, underwriting models, valuations and internal analyses. The receiving party shall: (a) hold Confidential Information in strict confidence and use it solely to perform its obligations under this Agreement; (b) restrict disclosure to employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations no less protective than those herein; and (c) take commercially reasonable measures to protect Confidential Information from unauthorized disclosure. Confidential Information does not include information that: (i) is or becomes publicly known through no breach by the receiving party; (ii) was lawfully known to the receiving party prior to disclosure; (iii) is rightfully received from a third party without breach of obligation; or (iv) is independently developed without use of the disclosing party's Confidential Information. If legally compelled to disclose Confidential Information, the receiving party shall provide prompt written notice to the disclosing party and cooperate to obtain a protective order or other appropriate remedy.

ANALYST REPRESENTATIONS; LIMITATION OF LIABILITY

Analyst represents that the services will be performed in a professional and workmanlike manner consistent with industry standards. Client acknowledges that the Analysis constitutes professional judgment and opinion based on information provided and available at the time; Analyst does not guarantee any lending outcome or future performance. Except for willful misconduct or gross negligence, Analyst's aggregate liability arising out of or in connection with this Agreement shall not exceed the fees actually paid to Analyst under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of State: without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any exhibits, attachments and statements of work executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, negotiations and representations, whether written or oral. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Analyst may assign to an affiliate or to a successor in interest in connection with a merger or sale of substantially all of Analyst's assets.

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