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No waiver shall be implied from any failure of the Lender to take, or any delay by the Lender in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition.

Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms. Any funds expended by the Lender in the exercise of its rights or remedies under this Agreement and the other Loan Documents shall be payable to the Lender upon demand, together with interest at the rate applicable to the principal balance of the Note from the date the funds were expended.

Whether or not the Lender elects to employ any or all remedies available to it in the event of an occurrence of an Event of Default, the Lender shall not be liable for payment of any expense incurred in connection with the exercise of any remedy available to the Lender or for the performance or nonperformance of any obligation of the Borrower.

The Borrower hereby authorizes the Lender during the continuance of a Default to hold, use, disburse and apply disbursements of Loan proceeds hereunder to payment of Project Costs, payment or performance of the current obligations of the Borrower under the Loan Documents including payment of.

During the continuance of a Default, in addition to any other remedies which any Person may have under any of the Loan Documents or under applicable law, the Lender shall have the right, but not the obligation, to requisition funds hereunder and disburse them pursuant to the Deed of Trust to enable the Construction, equipping and completion of the Improvements in accordance with the Plans and Specifications.

All sums disbursed by the Lender pursuant to this Section or under other applicable provisions of the Loan Documents shall be deemed Loans and Obligations for all purposes of the Loan Documents. The Borrower shall remain liable and will pay, on demand, any deficiency remaining in respect of the Obligations, together with interest thereon pursuant to the terms of this Agreement, which interest shall constitute part of the Obligations.

The order of priority set forth above may be changed by the Lender without necessity of notice to or consent of or approval by the Borrower or any other Person. No person other than the Lender and the Loan Parties and their permitted successors and assigns shall have any right of action under any of the Loan Documents and any right of action of each Guarantor and its permitted successors and assigns shall be limited to the Loan Documents to which it is a party.

The Borrower agrees that the Lender, in exercising the rights, duties or liabilities of the Lender or the Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Land, the Construction, the Improvements, or the Loan Documents and the Borrower shall immediately reimburse the Lender upon demand for all such expenses.

The relationship of the Borrower and the Lender under the Loan Documents is, and shall at all times remain, solely that of borrower and lender, and the Lender neither undertakes nor assumes any responsibility or duty to the Borrower or to any third party with respect to the Land or Improvements, except as expressly provided in this Agreement and the other Loan Documents.

Unless otherwise expressly provided for in this Agreement, all amounts payable by the Borrower to the Lender shall be payable only in United States currency, immediately available funds. In the event of any such sale or assignment, the Lender and the parties to such transaction shall share in the rights and obligations of the Lender as set forth in the Loan Documents only as and to the extent they agree among themselves.

In connection with any such sale or assignment, the Borrower further agrees that the Loan Documents shall be sufficient evidence of the obligations of the Borrower to each purchaser or assignee, and upon written request by the Lender, the Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale or assignment.

The indemnity obligations of the Borrower under the Loan Documents shall also apply with respect to any purchaser or assignee. The Borrower agrees that any participant or subparticipant may exercise any and all rights of a lienholder or set-off with respect to the Borrower, as fully as if such participant or subparticipant had made a loan directly to the Borrower in the amount of the participation or subparticipation given to such participant or subparticipant in the Loans.

For the purposes of this Section only, the Borrower shall be deemed to be directly obligated to each participant or subparticipant in the amount of its participation interest in the amount of the principal of, and interest on, the Loans. In connection with any such participation, the Borrower further agrees that the Loan Documents shall be sufficient evidence of the obligations of the Borrower to each participant, and upon written request by the Lender, the Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such participation.

The Borrower shall pay the costs of such agent or independent contractor either directly to such person or to the Lender in reimbursement of such costs, as applicable.

Except as otherwise expressly provided under the terms and conditions of this Agreement, the terms of the Loan Documents shall bind and inure to the benefit of the heirs, successors and assigns of the parties. Time is of the essence of each and every term of this Agreement. All article, section or other headings appearing in this Agreement and any of the other Loan Documents are for convenience of reference only and shall be disregarded in construing this Agreement and any of the other Loan Documents.

The date of the Loan Documents is for reference purposes only. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of North Carolina, except to the extent preempted by federal laws.

The Borrower and all persons and entities in any manner obligated to the Lender under the Loan Documents consent to the jurisdiction of any federal or state court within the State of North Carolina having proper venue and also consent to service of process by any means authorized by North Carolina or federal law.

The Loan Documents contain or expressly incorporate by reference the entire agreement of the parties with respect to the matters contemplated therein and supersede all prior negotiations or agreements, written or oral. The Loan Documents shall not be modified except by written instrument executed by all parties.

Any reference to the Loan Documents includes any amendments, renewals or extensions now or hereafter approved by the Lender in writing. To facilitate execution, this document may be executed in as many counterparts as may be convenient or required.

It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single document. It shall not be necessary in making proof of this document to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto.

Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. All representations and warranties made hereunder and in any document, certificate or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and the Note and shall remain in full force and effect until this Agreement is terminated and all Obligations are paid in full.

No failure to exercise and no delay in exercising, on the part of the Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

The rights, remedies, powers and privileges herein provided are cumulative and, except not exclusive of any rights, remedies, powers and privileges provided by law. The Borrower hereby authorizes the Lender at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable law, required by the Lender to establish or maintain the validity, perfection and priority of the security interests granted by the Security Documents.

For purposes of such filings, the Borrower agrees to furnish any information requested by the Lender promptly upon request by the Lender. The Borrower also ratifies its. To the extent permitted by law, the Borrower hereby ratifies all acts said attorneys-in-fact shall lawfully Boat Construction Loan Zip do, have done in the past or cause to be done in the future by virtue hereof.

This power of attorney is a power coupled with an interest and shall be irrevocable. Signatures Commence on the Following Page. Trade Street. Suite Charlotte, NC Attention: Brian J. Name: Matthew R. Title: Assistant Vice President. Charlotte, North Carolina Attention: Matthew R. Schedule 1.

Schedule 2. Description of Land. Defined Terms. Exhibits Incorporated. Payment of the Loans. Loan Fee. Options to Extend. Use of Proceeds. Credit for Payments. Full Repayment and Reconveyance.

Loans Do Not Constitute a Waiver. Tax Tracking Fee. Conditions to Initial Loan. Subsequent Loans. Final Loan. Procedure for Borrowing. Account, Pledge and Assignment, and Disbursement Authorization.

Loans Shortfall. Budget Line Items. Stored Materials. Correction of Defects. Construction Consultant. Telephonic Notices. Advances to the Borrower and Contractor Jointly. Loans to Fund Interest Reserve. Development Fee. Binding Obligations. Formation and Organizational Documents. No Subsidiaries.

No Violation. Compliance with Laws. No Litigation. Financial Condition. No Material Adverse Effect. Tax Liability. Ownership of Property. Americans with Disabilities Act Compliance. Business Loan. Tax Shelter Regulations. Absence of Defaults. Regulation U. Investment Company Act.

Hazardous Materials. Plans and Specifications. Income to be Applied to Debt Service. Further Assurances. Maintenance; Management. Financial Information.

Inspection by Construction Consultant. Foundation and As-Built Surveys. Soil, Concrete and Other Tests. Building Permits; Restrictions. Sign and Publicity.

Liens and Lien Waivers. Management and Leasing Agreements. Project Documents. Access to Project and Right to Cure Defaults. Obligations under Permitted Exceptions.

Completion of the Project. Deposit and Operating Accounts. Casualty and Condemnation Notice; Use of Proceeds. Payment of Project Expenses. Books and Records. Easements and Restrictive Covenants.

Indebtedness, Investments, Loans and Advances. Change Orders. Extras and Contract Changes. Ownership of Material and Fixtures. Tenant Leases. Transfer of the Land or Improvements.

Event of Default. Acceleration Upon Certain Default. Completion of Construction. Remedies upon Default. Normal Construction Loan Agreement Template Professional Construction Loan Agreement Template Construction Loan and Funding Agreement Template Renovation and Construction Loan Agreement Template Government Construction Loan Agreement Template Official Construction Loan Agreement Template In either case, the LC is irrevocable and its terms should be very precise.

Otherwise, an LC can be an open chequebook to pay when the yard deems necessary. The issuing bank is bound to make payment for the client and will do so if the LC's terms are ambiguous.

A yacht owner, who prefers to remain anonymous, said the LC absolutely protects the yacht owner, not just by minimizing risk, but by eliminating risk completely. Those statements are made with the caveat that the LC is prepared by an attorney specializing in financial instruments with properly defined trigger terms stated within.

The issuing bank makes payment for the yacht owner whose funds are earning interest in that bank, so the yacht owner's funds are not at risk. The funds are not released until the terms of the LC are met and the buyer receives the yacht. Every LC should be tailored to a particular Boat Construction Loan Ukulele contract and some provide interim draws or delivery draws. In some recent examples, stage payments and LCs have been combined to advance capital to the builder with a nominal payment of 15 to 20 per cent.

This compromise increases the LC's liquidity for the builder. Before the LC is issued, triggers or key objectives should be met with all essential requirements upfront, as items left out can not simply be added at a later date. The LC should not be open-ended. It should have a specific, final execution date with a reasonable delay clause. Any specific quality standards, such as Lloyd's class or chartering qualities, should be stated.

The single biggest disasters I've seen are with letters of credit. He recalls instances where a yard went bankrupt and the bank wouldn't cancel the LC, allowing draws provided by the terms of the LC.

If expenses for designers, stylists, project managers, etc. That's why the LC should be watertight and prepared by a knowledgeable attorney with a supportive banker. Karcher says the LC exists more to protect the builder and is just another complicating issue in an already complex transaction, inviting new people into the decision-making process and litigation.

Hanemann agrees that many yacht owners and attorneys don't want another third party involved, but that people commencing new construction like LCs and there isn't much risk if it is drafted properly. Structuring financial terms of a new-build contract to your advantage 20 January By Lisa Overing.

Creating an equitable payment plan is a must when arranging a new build project. Construction loans A typical construction loan places the yacht owner at risk for draw-downs on the loan because vessel title remains with the yard until the construction loan is converted to permanent funding.

Build projects take years. For a yard to complete it, requires a stable and regular source of funding.





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