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Regional Economic

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Online ( www.sos.state.ia.us ) Mail. Develop standard, then cut & paste check ... Promissory Note, Loan agreement, Security Agreement and Financing Statements ... – PowerPoint PPT presentation

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Title: Regional Economic


1
  • Regional Economic
  • Development Group
  • Since 1978

2
THREE LOAN PROGRAMS
  • Revolving Loan Fund Program (RLF)
  • SBA 504 Loan Fund Program (SBA 504)
  • Intermediary Relending Program (IRP)

3
PROGRAM SUMMARIES
Program of Loans
Amount RLF
310 16,293,198 SBA 504
197 56,448,000 IRP
9 _
425,000 TOTAL 516
73,166,198 As of June 30, 2006
Active 188
29,594,823 As of March 31, 2007
4
  • Loan Security Documentation
  • and
  • Collection

5
THE 5 Cs OF CREDIT
  • Character
  • Cash Flow
  • Collateral
  • Capitalization
  • Conditions

C
6
COLLATERAL
  • Security given as a pledge for the fulfillment of
    an obligation.
  • Adequate to provide reasonable assurance of
    repayment in the event cash flow does not permit.
  • Must be perfected to be effective

7
TYPES OF COLLATERAL
  • Real Estate
  • Personal (Chattel)Property
  • Other (ie. Guarantee)

8
REAL ESTATE
  • Mortgage
  • Spousal Rights
  • Homestead Exemption
  • 3 day right of recession
  • Abstract Update or Basket Lien Search

9
PERSONAL PROPERTY
  • Security Agreement underlying written pledge or
    promise for fulfillment or repayment of a loan
  • UCC Financing Statement serves as public record
    of the pledge or promise and MUST match security
    agreement.
  • Abstract or basket lien search
  • UCC lien search

10
WHERE TO FILE
  • State where corporation is incorporated
  • Filing
  • Online ( www.sos.state.ia.us )
  • Mail
  • Develop standard, then cut paste check
    recheck
  • Lien and Tax Search
  • County where collateral is located
  • Lien Search

11
GUARANTEES
  • Unsecured
  • Secured
  • Spousal guaranty

12
COLLECTIONS
  • Late Letter (10 days)
  • Warning Letter
  • Notice of Acceleration (Demand Letter)
  • Legal Action
  • Notice should include
  • Specific amount due or in default
  • Cure Period
  • Include Notice to Guarantor
  • Smaller amounts are typically better worked out,
    larger amounts less probable (deeper hole)

13
LOAN AGREEMENT PROVISIONS
  • Authorize lender to file and maintain all
    necessary financing statements
  • Deficiency of Conditions of Lending Section
  • Late payment and NSF Check fee.
  • (ie. Minimum 25)
  • Promissory Note, Loan agreement, Security
    Agreement and Financing Statements should
    parallel each other

14
INNOVATIVE STRATEGIESHIDDEN SECURITY
OPPORTUNITIES
  • Vehicles titled and not included under UCC
  • Home equity or other real estate held
  • Purchase money security interest in certain
    assets
  • Disburse funds for project (equipment)
  • Financing statement should include, at a minimum,
    make, model serial number
  • Debtor must take possession within 20 days

15
INNOVATIVE STRATEGIESHIDDEN SECURITY
OPPORTUNITIES
  • Life insurance assignment - death benefit and
    cash surrender value
  • Intercreditor agreement
  • Subordination agreement

16
BROCHURES AVAILABLE
Black Hawk Economic Development, Inc. The
Organization Revolving Loan Fund (RLF)
Program SBA 504 Loan Program
IRP Loan Program Credit and
Finance Factors
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