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Real Estate Loan Exhibit

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REAL ESTATE LOAN EXHIBIT

This Real Estate Loan Exhibit (the "Exhibit") is attached to and made part of the Loan Agreement entered into by the parties below. Lender Name:    Borrower Name:

Date of Loan Agreement:

1. Property Identification

2. Loan Terms

Loan Amount: $    Interest Rate: per annum

Interest Type: Fixed Variable    Index/Adjustment Terms (if variable):

Origination Date:    Maturity Date:

Amortization Period (months or description):

Payment Frequency:    First Payment Date:

Late Charge:    Grace Period (days):

Prepayment: Allowed Prepayment Penalty Applies    If penalty applies, describe:

3. Security; Collateral

Security Instrument Type: Mortgage Deed of Trust    Lender's Priority:

4. Escrow, Insurance and Taxes

Escrow Agent:    Escrow Account Number:

Borrower shall maintain hazard insurance in an amount not less than: $    Lender as additional insured: Yes

Taxes and Assessments shall be paid by: Borrower Escrow account

5. Funding Conditions and Disbursement

6. Representations, Warranties and Covenants

Borrower represents and warrants that, as of the date of funding, all material information concerning the Property and Borrower's title is true and complete, that there are no undisclosed liens or encumbrances except as disclosed in writing. Borrower further covenants to maintain the Property, to pay taxes and assessments, and to maintain insurance as required herein.

7. Default and Remedies

An Event of Default shall include but not be limited to Borrower's failure to make payments when due, failure to maintain required insurance, material misrepresentations, failure to pay taxes or any breach of covenants. Upon default, Lender may declare the entire indebtedness immediately due and payable, invoke rights under the security instrument, pursue foreclosure or other remedies permitted by law, and recover costs and reasonable attorneys' fees.

8. Subordination and Assignment

The obligations under this Exhibit and the related loan documents may be assigned or transferred by Lender. Borrower consents to assignment on the condition that the assignee assumes Lender's rights and obligations under the loan documents as provided by applicable law.

9. Disclosures

Lead-Based Paint Present: Yes No

Mold or Water Intrusion History: Yes No    If yes, describe:

Prior Material Damage (fire, flood, structural): Yes No    If yes, describe:

10. Governing Law; Entire Agreement

This Exhibit shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Exhibit, together with the Loan Agreement and related loan documents, constitutes the entire understanding between the parties with respect to the matters set forth herein and supersedes all prior negotiations and agreements.

11. Notices

12. Certification

Each party certifies that the information provided in this Exhibit is true, accurate, and complete to the best of its knowledge, and that each party has the authority to execute this Exhibit and to bind the party on whose behalf execution is made.

Borrower:

By:

Date:

Lender:

By:

Date:

Enter text✕

What the Real Estate Loan Exhibit Is and when it applies

A Real Estate Loan Exhibit is an attachment to a loan agreement or mortgage that documents loan-specific terms, collateral descriptions, repayment schedules, and any special covenants tied to a particular property or financing event. It clarifies numeric schedules (principal, interest rate, amortization), identifies secured property by legal description, and records lender remedies and conditions precedent. Exhibits are commonly used in purchase-money mortgages, construction financing, and loan modifications to ensure the principal contract remains concise while preserving contract certainty about property-specific loan details and enforcement mechanics.

Why the Real Estate Loan Exhibit matters for enforceability and clarity

A clear, well-prepared exhibit reduces ambiguity about collateral, payment timing, and default remedies and supports enforceability under standard U.S. e‑signature law (ESIGN Act, 15 U.S.C. ch. 96) and state UETA statutes where applicable.

Why the Real Estate Loan Exhibit matters for enforceability and clarity

Who commonly prepares and signs a Real Estate Loan Exhibit

Typical participants include lending institutions, title agents, closing attorneys, and borrower representatives who must agree to property- and loan-specific details before closing.

  • Lenders and loan officers reviewing collateral descriptions and payment schedules during underwriting and closing.
  • Title companies verifying legal property descriptions and recording requirements at settlement.
  • Borrowers and their counsel confirming accuracy of loan amounts, interest terms, and borrower-specific covenants prior to execution.

The exhibit helps each party confirm numeric terms and supporting evidence without altering the master loan agreement.

Core elements that belong in a professional Real Estate Loan Exhibit

A professional exhibit is concise, numbered, and cross-referenced to the primary loan documents so each party can locate and verify essential loan-specific information quickly.

Loan Amount

State the principal balance precisely, including disbursement allowances, conditions for advances, and any commitment expiration dates so funding and payoff calculations remain unambiguous.

Interest Terms

Specify interest rate type, initial rate, adjustment formula (if adjustable), compounding frequency, and any interest-only periods to avoid disputes over owed interest.

Payment Schedule

Include amortization, payment due dates, grace periods, and late charge mechanics plus the effect of prepayments to ensure predictable repayment accounting.

Property Description

Provide the full legal description, parcel ID, and address along with any easements or encumbrances material to the lender’s security interest.

Covenants

List borrower obligations tied to the property (insurance, maintenance, tax payment) and specific reporting or inspection requirements expected by the lender.

Default Remedies

Describe events of default, cure periods, acceleration rights, and any foreclosure or lien enforcement steps the lender may pursue.

Required fields and the minimal data each exhibit should include

Borrower Name: Exactly as on ID
Lender Name: Legal entity name
Loan Amount: Numeric dollars
Interest Rate: Percentage value
Property ID: Parcel or PIN
Effective Date: MM/DD/YYYY

Step-by-step: preparing and executing a Real Estate Loan Exhibit

Follow a clear sequence from drafting through execution to ensure the exhibit integrates cleanly with the mortgage and recording process.

  • 01
    Draft: Populate loan specifics and attach supporting schedules.
  • 02
    Review: Have counsel and title confirm legal description and liens.
  • 03
    Sign: Execute with required signers present or via authorized eSignature.
  • 04
    Record: Submit to county recorder or registry as required.

Setting up an online completion and signing workflow

Configure fields, signer roles, and authentication levels before sending to reduce friction and preserve legal validity of signatures.

Field Configuration
Signature Field Assign to specific signer; require date stamp
Conditional Fields Show or hide clauses based on loan type
Authentication Use email plus SMS code for higher assurance
Audit Trail Enable IP, timestamp, and action logging

Digital signing and technical delivery considerations

Choose a platform that supports PDF and DOCX uploads, audit trails, and appropriate signer authentication for real estate transactions.

  • File formats: PDF and DOCX supported
  • Authentication options: Email, SMS, KBA where required
  • Integrations: Connect to title or loan systems

Confirm the platform supports audit logging, tamper-evident signed PDFs, and any required HIPAA or 21 CFR Part 11 safeguards for regulated payloads.

Typical routing: who receives the exhibit and when

A standard routing moves the exhibit from originator to underwriter, title, and signers in sequence to coordinate funding and recording.

  • Originator: Uploads draft and assigns fields
  • Underwriting: Verifies loan terms and conditions
  • Title: Confirms legal description and encumbrances
  • Closing/Signers: Execute exhibit and related loan documents

Key timing and deadline expectations

Timelines vary by transaction type; recordkeeping and tax deadlines are critical to protect both lender and borrower interests.

Recording window:

Record immediately after closing to perfect security interest

Tax reporting:

Retain records to meet IRS retention rules

Document execution:

Sign no later than closing date agreed in loan package

Notary timing:

Notarize when signer identity is verified

Document delivery:

Distribute final executed copies to lender and title

Common preparation mistakes to avoid

  • Using an informal or incomplete legal description that does not match county records, which can prevent recording and delay funding.
  • Entering inconsistent names or entity forms between the exhibit and promissory note, leading to title objections or re-execution requests.
  • Failing to set clear conditional fields in digital forms so inappropriate clauses appear for the wrong loan type, causing signer confusion.
  • Skipping required notarization or witness steps for the jurisdiction, producing a document that the recorder will reject.

Consequences of incorrect or incomplete exhibits

Recording rejection: Delays funding
Title defects: Clouds marketable title
Tax exposure: Penalties or audits
Enforcement limits: Reduced remedy options
Contract rescission: Possible reformation
Operational costs: Additional legal fees

How to save, export, and bundle exhibits for recordkeeping

Save executed exhibits in standard archival formats and bundle with loan and title records to preserve auditability and reproducibility.

PDF/A Archive

Export a signed, tamper-evident PDF/A copy to preserve visual fidelity and long-term readability for record retention and auditor review.

Native Document

Retain the original DOCX or editable source file to support amendment, redlining history, and future template reuse by counsel or operations.

Audit Package

Bundle the signed exhibit with the certificate of completion, notarization logs, and title endorsements to create a complete closing record.

Cloud Storage

Store files in secure cloud repositories with version control, access logs, and encryption to meet corporate retention policies.

Who is authorized to sign the exhibit

Lender — Authorized Officer

Typically a loan officer, closing officer, or authorized signatory for the lending entity executes on the lender’s behalf; corporate signers must follow internal authorization such as board resolution or loan committee approval.

Borrower — Authorized Signer

The borrower’s authorized individual (individual owner, corporate officer, or manager) must sign in the exact capacity listed, with proof of authority retained in the loan file.

Notarization and witness steps at signing

Follow these authentication steps to ensure the exhibit meets recording office and state notary requirements.

01

Identity Verification

Signer provides government ID and any required secondary authentication

02

Witness Presence

Arrange for the required number of witnesses per state law

03

Notary Acknowledgement

Notary completes acknowledgement or jurat on the executed exhibit

04

Audio-Video for RON

For RON, ensure compliant audio-video recording is captured

05

Notary Journal

Notary records session details and retains journal per state rules

06

Recording Prep

Confirm required county forms and fee calculation

07

Submit to Recorder

File with county recorder within required timeframe

08

Distribution

Provide executed, recorded copies to lender, borrower, and title

Frequently asked questions about Real Estate Loan Exhibits

Answers to common execution, notarization, recording, and eSignature questions for exhibits used in U.S. real estate finance.


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