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Broker's Approval / Agreement

 

BROKER AGREEMENT
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THIS AGREEMENT, made this day of ,
between , herein called "Broker" and American Mutual Mortgage (hereafter "AMM"). Broker is engaged in the activity of negotiating loans for others ("Prospective Borrowers") for a fee, commission or other valuable consideration; and AMM is engaged in the activity of making and arranging loans; Broker will, from time to time, submit to AMM applications completed by Broker for consideration for loans to be made and/or arranged by AMM to Prospective Borrowers:

For good and valuable consideration. the receipt and sufficiency of which are acknowledged, AMM and Broker, therefore agree as follows:

1. SUBMISSION AND APPLICATIONS;

AMM agrees to accept for review, subject to the terms of this agreement, loan applications prepared by Broker for the purpose of securing loans secured by deeds of trust for Prospective Borrowers of Broker, which shall meet the requirements established by AMM. Broker may submit, from time to time, to offices of AMM, applications for loans in principal amounts of $10,000.00 or more. AMM shall not be under any obligation to accept such applications, or be obligated to make, arrange or authorize any loans. Acceptance for review is not a commitment to fund a loan, and no commitment to fund or arrange to fund a loan is valid by AMM other than in writing signed by the President of AMM.

If requested by AMM, the types or amount or loans which Broker is authorized to submit may be limited or restricted is AMM's sole discretion.

All security property for said requested loans shall be located in the State of California.

2. BROKER'S STATUS
Broker agrees that it is an independent contractor and not an agent or employee of AMM's. Broker agrees not to hold itself out as an agent or employee of AMM. Nothing contained herein shall be construed to create the relationship of either employer or employee or principal or agent between AMM and Broker. Broker has no proprietary or exclusive right, title, or interest in, or control over, any business of AMM or any area or jurisdiction in which AMM does business. Broker is specifically prohibited from using AMM's name in any form of advertising. AMM may, at its sole discretion, cancel or discontinue any of its products, with or without notice to Broker.

3. ACCURACY AND COMPLETENESS OF APPLICATIONS
Broker shall obtain all factual data, at its own expense, relating to the loan applications necessary to the proper and accurate completion of such application and which may be requested by AMM from time to time, including but not limited to; credit data, financial statements, real estate information, written verification of employment, income, assets, and other material information requiring verification and such additional items as AMM, may from time to time require. In addition, Broker at its own expense, shall perform such other functions as AMM may require to complete the loan transaction.

All loan applications submitted to AMM by Broker will be prepared by trained employees of Broker, competent in all aspects of mortgage lending activities and will be prepared and completed in accordance with and regard to the highest standard of due care for a Mortgage Broker. Upon request from Broker, applications and or other forms for use by Broker may from time to time be provided by AMM.

Broker will not submit loan application(s) for the same loan sought by their Prospective Borrower to any other person or entity, or financial institution(s) simultaneous to submission of said application to AMM. Any. such submission such, either prior to submission to AMM that is still pending, or after submission to AMM but prior to final answer from AMM without full disclosure of same to AMM within 24 hours of said submission will constitute grounds for immediate termination of this Broker Agreement.

Broker hereby represents, covenants and warrants that the applications and all other information relating to the credit worthiness of Prospective Borrowers will be transmitted to AMM accurately and completely, that such applications are valid and genuine and that such information was received from a bona fide Prospective Borrower in the form transmitted from Broker to AMM and was not altered or changed in any respect. Broker hereby further represents, covenants and warrants that it will take all necessary steps to ensure the accuracy and completeness of the applications and other information and that all applications and other information are or will be true, complete and accurate.

4. AMM DISCRETION
Broker shall not commit itself or AMM to approve or fund any loan without AMM's prior written consent. Any notice, written or oral, of denial or acceptance of any application to any applicant shall come only from MA and Broker shall not, in any event, inform any applicant of AMM's decision to accept or reject any such loan application without the express prior written consent to AMM.

AMM shall be under no obligation to deal with a Prospective Borrower in any manner different from the manner in which it treats other loan applicants who are not referred by Broker, and AMM may, in its sole discretion, decide whether or not to make and or arrange a loan to a Prospective Borrower and may. determine the terms and conditions. of any such loan. AM.M. shall not condition loan approval upon payment of a fee to Broker. Broker warrants to A.M.M. that it will not represent to anyone that a Prospective Borrower will receive any more favorable or different treatment from AMM then had said customer not have been referred to AMM to Broker.

5. BROKER FEE
AMM has no obligation whatsoever to pay Broker any brokerage fee, commission or any other fee or other compensation for referring Prospective Borrowers to A.M.M. for the purpose of making or arranging a loan to any Prospective Borrower; nor for any refinancing or other subsequent credit transaction by A.M.M. with any such Prospective Borrower or for any other reason provided, however, that if allowed by applicable law, Prospective Borrowers who receive loans through A.M.M. may pay amounts due Broker from the proceeds of such loans.

Upon receipt of due authorization from such Prospective Borrower, and subject to the same requirements for verification as A.M.M. customarily employee A.M.M. will agree to allow a disbursement of a portion of the loan proceeds directly to Broker upon closing of the loan through escrow. It is expressly agreed and understood that any compensation to Broker shall be made by virtue of agreement between the Broker and any Prospective Borrower and that A.M.M. is not obligated to compensate Broker in any way. Broker agrees not to charge Prospective Borrowers in any amount other than that permitted by applicable law.

6. REFUSAL OF FEES
In the event Broker charges any Prospective Borrower any amount at any time prior to dosing of a loan to Prospective Borrower, Broker agrees to refund to Prospective Borrower any fees or amounts so paid to the Broker that are required to be refunded by applicable law, including, but not limited to, the Business and Professions. Code, Federal Truth-In-Lending Law and Regulation Z. This provision herein applies to fees charged or received by the Broker and shall not be applicable to fees charged by the A.M.M.

7. DISCLOSURE OF FEES TO A.M.M.
Broker agrees to inform A.M.M. at the time it submits an application on behalf of

  1. the amount of any brokerage fee, commission, or other fee or other compensation that Broker expects to receive from loan proceeds, and
  2. the amount of any other brokerage fee, commission, or other fee or other compensation paid or to be paid by or on behalf of each Prospective Borrower to Broker.

Further, Broker warrants that with regard to each application referred to A.M.M., Broker has no agreement with the applicant or any other person whereby Broker will receive any compensation or consideration as a result of AMM's making of a loan to the applicant other than is provided in this Agreement.

Broker agrees to notify A.M.M. immediately, but in any event prior to closing of a loan to Prospective Borrower, of any change in the amount(s) theretofore disclosed to A.M.M. for each Prospective Borrower.

Broker agrees to deliver to A.M.M., within three (3) days after dosing, a copy of all checks or receipts for each payment to Broker with respect to such Prospective Borrower that is not delivered through escrow from loan proceeds. Broker represents and warrants that the amounts disclosed to A.M.M. pursuant to this provision are and will be accurate and that it will not charge or receive from or on behalf of any Prospective Borrower any other fee or other compensation unless Broker has disclosed to A.M.M. the amount of such fee or other compensation pursuant to this provision.

8. COMPLIANCE WITH LAWS
Broker hereby represents, covenants and warrants that in the performance of this Agreement and the providing of services and applications to AMM that Broker will comply with all laws and regulations, Municipal, State and Federal, as may be applicable to Broker including, but not limited to the California Business and Professions Code, Federal Truth In-Lending Act of 1968, as amended, Federal Reserve Regulation Z, the Federal Fair Credit Reporting Act, the Federal Equal Credit Act, the Federal Real Estate Settlement Act of 1974, as amended, and Regulation X thereunder the Equal Credit Opportunity Acts and any state or local law or regulation under which Broker is licensed.

Broker warrants that with regard to each Prospective Borrower referred to A.M.M. Broker has no agreement with Prospective Borrower or any other person whereby Broker will receive any compensation or consideration as a result of A.M.M.'s making of a loan to the Prospective Borrower other than as referenced in this Agreement.

9. ADDITIONAL WARRANTY
On each loan application submitted to A.M.M.; Broker hereby represents, covenants and warrants that Broker will fully disclose at the time of the initial submission of loan application, the existence and status of any:

    1. Non-Recorded Security Interests, Liens and/or Encumbrances
      Non-Recorded Deed, Non-Recorded Trust Deed, Non-Recorded Ownership Claim, Non-Recorded Security Interest, Non-Recorded Lien, Non-Recorded Contract for Sale, Non-Recorded Option to Purchase, Non-Recorded License, Non-Recorded Lease, Non-Recorded Right of First Refusal, Non-Recorded Easement(s), Non-Recorded Covenant, Non-Recorded Profit, Non-Recorded Condition, Non-Recorded Permit,
    2. Pending Adverse Claim Not Yet Matters of Record
      pending, contingent, or non-vested claims, lawsuits, administrative proceedings, or pending actions by or held or asserted by third persons, or other against the real estate,
    3. Zoning, Planning, Land Use; Building and Safety
      non-record and pending or proposed changes in the zoning or permissible uses of real estate, local notices, demands, rules or ordinances adversely affecting the continued use, possession or enjoyment of the real estate, and any known or pending building and/or safety, health or fife investigation, citation, correction notices or violations,
    4. Toxics and Poisons
      historical usage made of the real estate which included the usage of any hazardous materials, toxic materials, toxic waste or poisons, or any other unsafe poisonous, toxic use or condition of the real estate.

In regards to each Prospective Borrower's loan application on real estate, and the specific property to be the security for the loan submitted to A.M.M Broker hereby represents, covenants and warrants that Broker, nor Broker's employee's, partnership interests, agents, assigns, spouse, child, parent, grandparent, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, or other Broker controlled entity either directly or through some artifice or device have in any way an ownership interest either directly or indirectly held, or any direct or indirect control of and in the subject property, nor will same be acquired through the action of approval and funding of the applied for loan.

Broker and Broker's employees hereby represent, covenant and warrant that Broker and said employees have no personal interest, financial interest or bias with respect to the Prospective Borrower, loan funding or property.

ANY EXISTING MATTER DESCRIBED IN THIS SECTION MUST BE DISCLOSED IN WRITING ON A SEPARATE LEGAL SIZE YELLOW SHEET OF PAPER TYPED IN ALL CAPITAL LETTERS SIGNED BY BOTH BORROWER AND BROKER AND ATTACHED TO THE LOAN APPLICATION CONSPICUOUSLY, AT THE TIME OF SUBMISSION OF SAID PROSPECTIVE BORROWER'S LOAN APPLICATION TO AMM PROOF OF SUBMISSION OF SAME IS A SIGNED RECEIPT OF SAID DISCLOSURE BY TUE UNDERSIGNED OFFICER OF A.M.M. ONLY.

10. EQUAL CREDIT OPPORTUNITY ACT NOTICES
It is expressly agreed and understood that Broker shall be responsible for generating and providing to Prospective Borrowers in the manner required by law any and all turndown notices or other notices required to be given to Prospective Borrowers 'by virtue of the provisions of the Federal Equal Credit Opportunity Act and the implementing regulations thereof in the proper and complete fashion, as provided by the law and regulation. E is under no duty to monitor Broker's performance of this requirement.

11. LICENSE
Broker agrees to maintain their California Real Estate Brokers License in good standing while this agreement is in force. This agreement shall terminate upon loss of such license by Broker. Broker agrees to give A.M.M documentation concerning said license.

12. UPON LOAN APPROVAL
In the event an application is approved, A.M.M. will make all arrangements for closing and funding of the loan. An outside independent licensed escrow company will conduct the loan escrow to completion.

13. SUCCESSORS AND ASSIGNS
No sale, transfer or assignment of all or part of any interest in this agreement or of the duties, obligations, rights or privileges created hereby shall be valid without the prior written consent of A.M.M.

14. CANCELLATION OF AGREEMENT
This agreement may be cancelled by either party at any time after giving thirty (30) days written notice of such cancellation to the other. Such cancellation shall in no way affect any liabilities existing or to become existent on transactions entered into prior to such date of cancellation.

15. ARBITRATION OF DISPUTES
THE BROKER agrees that any and all disputes or controversies arising out the subject matter of this AGREEMENT between THE BROKER and A.M.M. and/or the lender, identified by A.M.M. to THE BROKER or the borrower identified by BROKER to A.M.M. OR AMONGST OR BETWEEN ANY PARTY TO A LOAN APPLIED FOR OR ARRANGED SUBJECT TO THIS AGREEMENT, shall be subject to resolution BY SUBMISSION TO BINDING ARBITRATION, SUBJECT ONLY TO THE SUBSEQUENT WRITTEN CONSENT THERETO BY A.M.M. SUCH ARBITRATION SHALL PROCEED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, LOS ANGELES SECTION, COMMERCIAL RULES, THEN EXISTENT. IN THE EVENT OF ANY SUCH ARBITRATION, THE PARTIES THERETO SHALL BE ENTITLED TO CONDUCT DISCOVERY AS PROVIDED IN CODE OF CIVIL PROCEDURE SECTIONS 1283.05 AND 1283.1, THE PROVISIONS OF THE SAME BEING INCORPORATED HEREIN BY THIS REFERENCE.

Broker Initial Date:

Without waiving a party's right to arbitration, any party may apply to any court of competent jurisdiction for the following:

    1. To enforce the Assignment of Rents provision contained in any Deed of mist securing the loan, including the appointment of a receiver;
    2. To secure possession of the real property, subject to a Deed of Trust, by an action for unlawful detainer;
    3. To commence an action in interpleader for the sole purpose of resolving conflicting claims to funds, documents or instruments deposited in escrow or any other depository.

Any proceeding for judicial foreclosure shall not be subject to arbitration. . The exercise of the power of sale contained in any Deed of Trust securing this loan, or the exercise of any private default remedies under the Uniform Commercial Code shall not constitute a waiver of the AGREEMENT to arbitrate, nor shall the same be deemed to be inconsistent with arbitration hereunder.

In the event of any arbitration or litigation between the parties hereto, and respecting the subject matter hereof, then the prevailing party in any such arbitration or litigation shall be entitled to, in addition to other available remedies, recover their reasonable attorney's fees and court costs

Broker Initial Date:

16. NOTICE
BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING "ARBITRATION OF DISPUTES" PROVISION DECIDED BY MUTUAL ARBITRATION, As PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING Up ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY SE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY

WE, THE BROKER, HAVE READ AND UNDERSTOOD THE FOREGOING, AND AGREE TO SUBMIT DISPUTES, ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISIONS, TO NEUTRAL ARBITRATION.

Broker Initial Date:

17. ENTIRE AGREEMENT
This AGREEMENT, and any and all written agreements or written representations, signed by the parties hereto, constitute the whole, exclusive, complete and entire agreement between, as the case may be, THE BROKER, A.M.M., and the referred borrower and lender, respecting the subject matter hereof of the loan sought to be procured through A.M.M. on the BROKER's behalf, and supersedes any and all prior, contemporaneous, or subsequent oral promises, oral representations, oral agreements and any and all other implied and inconsistent covenants and promises and representations.

Broker Initial Date:

THIS AGREEMENT MAY ONLY BE AMENDED OR MODIFIED BY A SUBSEQUENT WRITING SIGNED AND DATED BY THE BROKER, AND MAY NOT BE AMENDED OR MODIFIED ON THE BASIS OF ANY ALLEGED ORAL AGREEMENT, EXECUTED OR OTHERWISE, NOR MAY THE SAME BE AMENDED ON THE BASIS OF ANY ALLEGED MODIFICATION BY EXPRESS ORAL REPRESENTATION, NOR MAY THE SAME BE AMENDED BY CONDUCT. NO ALLEGED WAIVER OF ANY OBLIGATION OR RIGHT SHALL BE EFFECTIVE, UNLESS THE SAME IS A WAIVER SIGNED BY THE BROKER A WAIVER ON ONE OCCASION SHALL NOT BE DEEMED TO CONSTITUTE A CONTINUING WAIVER.

Broker Initial Date:

18. NOTICE TO BROKER
THE BROKER IS INSTRUCTED NOT TO SIGN THIS AGREEMENT UNTIL THE BROKER HAS FULLY READ AND CONFIRMS THE BROKER'S UNDERSTANDING OF ALL OF THE INFORMATION, TERMS AND PROVISIONS HEREOF, AND ANY AND ALL DOCUMENTS ATTACHED HERETO. THE BROKER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. THE BROKER HEREBY REPRESENTS AND ACKNOWLEDGES THAT THE BROKER IS NOT RELYING UPON ANY VERBAL OR ORAL REPRESENTATIONS MADE BY A.M.M. THE BROKER HEREBY ACKNOWLEDGES AND CONFIRMS THAT THE BROKER HAS OBTAINED INDEPENDENT PROFESSIONAL ADVICE AND ASSISTANCE WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND HAS CONSULTED AND RECEIVED PROFESSIONAL ADVICE AND ASSISTANCE FROM, BUT NOT NECESSARILY LIMITED TO, ATTORNEYS, OF THE BROKERS OWN CHOICE AND CHOOSING. THE BROKER HEREBY ACKNOWLEDGES AND CONFIRMS THAT A.M.M. AND ITS LENDERS ARE RELYING UPON ALL OF THE FOREGOING REPRESENTATIONS OF THE BROKER IN ENTERING INTO THIS AGREEMENT, AND ANY AND ALL OTHER WRITTEN CONTRACTS, WRITINGS OR WRITTEN AGREEMENTS MADE IN FURTHERANCE OF THIS AGREEMENT, AND THAT, BUT FOR THE BROKERS MAKING OF THE REPRESENTATIONS AND COVENANTS HEREIN SET FORTH, NEITHER A.M.M. NOR (AS APPLICABLE) THEIR ASSOCIATED AND RELATED LENDERS, WOULD ENTER INTO THIS AGREEMENT, OR ANY OTHER RELATED AGREEMENTS. NOR WOULD. THEY UNDERTAKE TO ACT IN RELIANCE UPON THIS AGREEMENT.

19. NOTICES
All notices pursuant to this Agreement shall be deemed sufficient if in writing, delivered personally or sent by Certified Mail, return receipt requested. postage prepaid as follows:

If to the Broker:
If to A.M.M.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed acknowledged, and delivered on this day of ,
   
Attest: For: American Mutual Mortgage, Inc.
By:
   
Attest: For:
By:   Broker 
   

American Mutual Mortgage
19510 Ventura Blvd. Suite 214
Tarzana, CA 91356
 USA

Office: (818) 654-9790
   Fax: (818) 961-0041

Email: info@AmericanMutualMortgage.com

 



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American Mutual Mortgage is licensed by the California Department of Real Estate, License #00882327
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