TERMS & CONDITIONS

Nirvana Capital Co. Loan Application Terms and Conditions

By submitting this loan application, I, the undersigned applicant, and any co borrower or guarantor, acknowledge, represent, warrant, and agree as follows:

1. Purpose of Application

I understand that this application is submitted to Nirvana Capital Co. LLC, together with its affiliates, representatives, capital partners, lenders, investors, assignees, service providers, and third party vendors, for the purpose of evaluating a potential financing request. Submission of this application does not constitute loan approval, a loan commitment, or an agreement to lend.

2. Accuracy of Information

I certify that all information I provide in connection with this application, whether provided directly by me or on my behalf, is true, complete, and correct to the best of my knowledge. I understand that Nirvana Capital Co. may rely on the information submitted in evaluating this request. I agree to promptly notify Nirvana Capital Co. of any material change to the information provided.

I understand that any false, misleading, incomplete, or fraudulent statement or omission may result in denial of the application, withdrawal of any indicative terms, cancellation of any approval, or referral to appropriate parties where permitted by law.

3. Authorization to Verify Information

I authorize Nirvana Capital Co. to obtain, review, verify, and share information relating to this application as reasonably necessary to evaluate, process, underwrite, structure, close, fund, sell, assign, service, or enforce any requested or resulting financing transaction.

This authorization includes, without limitation, the right to:
review my personal and business credit information;
obtain consumer reports and or commercial credit reports;
verify identity, address history, employment, income, assets, liabilities, banking relationships, rental income, tax records, insurance, and business ownership;
confirm property ownership, property value, title status, lien status, mortgage balances, and public record information;
verify information with landlords, lenders, creditors, financial institutions, accountants, attorneys, insurers, employers, business partners, references, and government agencies; and
obtain and review documents provided by third parties in connection with the application.

I understand that consumer reports may be used only for legally permissible purposes related to the credit transaction, and that if adverse action is taken based on information in a consumer report, required notices may apply.

4. Ongoing Authorization

I agree that the authorization above will remain in effect during the application, underwriting, closing, funding, servicing, renewal, extension, modification, collection, and enforcement process for any transaction arising from this application, to the extent permitted by law.

5. Electronic Communications and Electronic Signatures

I consent to receive communications, disclosures, notices, requests, records, and documents electronically, including by email, portal, text message, or other electronic means, to the extent permitted by law. I agree that electronic signatures, acknowledgments, and consents shall have the same force and effect as original handwritten signatures.

I confirm that I have access to the internet, a valid email address, and the ability to open, review, save, and print electronic records. I understand that I may request paper copies of certain records where required or permitted, and that additional fees may apply only if disclosed and allowed by law. Electronic records and signatures are generally recognized under the federal E-SIGN Act.

6. Consent to Call, Text, and Email

By providing my phone number and email address, I expressly consent to receive communications from Nirvana Capital Co. and parties acting on its behalf regarding this application, related products or services, required documents, underwriting updates, loan status, servicing matters, and other transactional or informational communications, by phone call, text message, and email, including through automated technology where permitted by law.

I understand that my consent to receive automated calls or text messages is not required as a condition of obtaining credit where prohibited by law. I may revoke consent to non essential communications in a reasonable manner, subject to legal and operational limitations, and a one time confirmation of revocation may be sent where permitted. Federal rules governing consent and revocation for certain automated calls and texts are enforced by the FCC.

7. Privacy and Information Sharing

I understand that Nirvana Capital Co. may collect nonpublic personal information and business information in connection with this application. I authorize Nirvana Capital Co. to share my information, as permitted by law, with lenders, capital providers, investors, due diligence firms, warehouse lenders, brokers, servicers, insurers, title companies, attorneys, valuation providers, credit reporting agencies, fraud prevention vendors, technology providers, and other third parties involved in evaluating or facilitating the requested transaction.

I understand that financial institutions that offer loans are generally subject to federal privacy and safeguarding requirements, including obligations relating to disclosure of information sharing practices and protection of sensitive customer information.

8. No Guarantee of Approval or Terms

I understand that any quote, pricing scenario, preliminary analysis, request for documents, indication of interest, or discussion of potential terms is for informational purposes only unless and until set forth in a written commitment or approval issued by the applicable lending party and accepted in accordance with its terms. Nirvana Capital Co. does not guarantee approval, funding, interest rate, loan amount, leverage, appraisal outcome, closing timeline, or any particular loan structure.

9. Third Party Reports and Fees

I understand that processing this application may require third party reports, services, and expenses, including but not limited to appraisals, broker price opinions, environmental reports, flood certifications, background checks, title work, legal review, insurance reviews, inspections, and credit reports. I understand that certain fees may be required before closing and may be non refundable once incurred, if disclosed to me and allowed by law.

10. Business Purpose and Intended Use

If this application is for a business purpose or investment purpose loan, I represent that the requested financing is primarily for business, commercial, or investment purposes, and not primarily for personal, family, or household purposes, unless expressly disclosed otherwise in writing.

11. Property and Collateral Information

If this application involves real property, I represent that all property related information submitted, including occupancy, rents, leases, renovation scope, purchase price, payoff figures, income, expenses, and ownership structure, is accurate to the best of my knowledge. I understand that Nirvana Capital Co. may independently verify any such information.

12. No Fiduciary Relationship

I understand that Nirvana Capital Co. is acting in its own business capacity, or as broker, originator, correspondent, or advisor as applicable, and not as my fiduciary, legal counsel, tax advisor, accountant, or investment advisor. I acknowledge that I am responsible for obtaining my own legal, tax, accounting, and financial advice regarding any loan transaction.

13. Credit Decision and Adverse Action Notices

I understand that credit decisions may be based in whole or in part on information contained in a consumer report or other information obtained in connection with the application. If my application is denied, materially countered, or other adverse action is taken where notice is required by law, I understand that the appropriate notice may be provided in accordance with applicable law. Both ECOA and FCRA impose adverse action notice requirements in covered situations.

14. Record Retention and Use of Submitted Materials

I agree that Nirvana Capital Co. may retain the application, supporting documents, correspondence, and related records for compliance, underwriting, quality control, audit, fraud prevention, servicing, enforcement, legal, and business purposes, subject to applicable law and internal retention practices.

15. Governing Law

These Terms and Conditions shall be governed by applicable federal law and, to the extent not preempted, the laws of the state designated by Nirvana Capital Co. in its final loan documents or disclosures, without regard to conflict of law principles.

16. Updates to Terms

Nirvana Capital Co. may revise these Terms and Conditions from time to time. The version in effect at the time of submission shall apply to that application unless otherwise required by law.

17. Acknowledgment

By signing electronically or otherwise submitting this application, I acknowledge that I have read, understood, and agreed to these Terms and Conditions, and that I am authorized to provide the information submitted for myself and, where applicable, on behalf of any borrowing entity, co borrower, member, manager, partner, guarantor, or other related party identified in the application.