Business Purpose & NOO Certification

Required at application and at close for every loan funded by 818 Capital Partners. Establishes the loan as exempt from TILA, RESPA, and HOEPA consumer-loan provisions.

01 Loan & Property Identification

Borrowing entity

Loan reference no.

Subject property address

City / State / ZIP

Loan amount

02 Use of Loan Proceeds Check all that apply. Proceeds must be used for stated business purpose only.

Acquisition of investment real estate intended for resale or rental income. Refinance of existing investment-property debt or related business obligation. Rehabilitation / construction of investment real estate (fix-and-flip or value-add). Cash-out for redeployment into other investment real estate or business operations. Working capital for the borrower's real estate investment business. Other business purpose — describe:

03 Certifications

Business purpose. Borrower certifies that the proceeds of the loan will be used solely for business, commercial, agricultural, or investment purposes, and not for personal, family, or household use. The loan is therefore exempt from the Truth in Lending Act (15 U.S.C. § 1601 et seq.) and Regulation Z, the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and Regulation X, and the Home Ownership and Equity Protection Act.
Non-owner-occupied. Borrower certifies that the subject property is not occupied, and will not be occupied during the term of the loan, by Borrower, any guarantor, any principal of Borrower, or any immediate family member of any of the foregoing as a primary or secondary residence. Borrower will give Lender prompt written notice of any change in occupancy.
Investor experience. Borrower is engaged in the business of acquiring, owning, operating, rehabilitating, and / or selling real estate for investment, and is a sophisticated party with experience in real estate transactions of the type contemplated by the loan.
Single-purpose entity. Borrower is a single-purpose, bankruptcy-remote entity formed solely for the purpose of holding title to the subject property and conducting activities ancillary thereto.
Reliance. Borrower acknowledges that Lender is relying on these certifications in extending credit and that any material misrepresentation may constitute fraud and an event of default under the loan documents, entitling Lender to accelerate the loan and pursue all available remedies.

04 Signatures

Borrowing entity

Authorized signatory

Date

Printed name

Title

Guarantor signature

Date

Printed name

Co-guarantor (if any)

818 Capital Partners · 110 Wall Street, New York, NY 10005 One page · Form 818-BPC