HomeMy WebLinkAboutForm of Lender Consent - Idaho CPACEMicrosoft Word - FORM_Mortgage Holder Consent_HIGHLIGHTED.docx
MORTGAGE HOLDER CONSENT
Date: _______________
Mortgage Holder:
BANK NAME
BANK ADDRESS
BANK CITY, STATE, ZIP
PHONE NUMBER
Loan Number(s): (______)
Property Owner and Mailing Address:
OWNER NAME
OWNER ADDRESS
OWNER CITY, STATE, ZIP
Property (as more particularly described in the attached Exhibit A):
PROPERTY ADDRESS
PROPERTY CITY, STATE, ZIP
Recording Information: [Date] and [Book] and [Page] or [Document No.]
This is a Mortgage Holder Consent (this “Consent”) by the undersigned entity (the “Mortgage Holder”) with respect to the above-referenced loan(s) (the “Loan”) secured by the Property.
The Property Owner intends to finance the installation of eligible improvements in an amount of up to $[_____________] through the levy of a contractual assessment (the “Assessment”)
pursuant to the Commercial Property Assessed Capital Expenditure Act, Chapter 38 of Title 67, Idaho Code (the “Act”) in order to reduce energy consumption, to reduce water consumption,
to increase resiliency, or to install renewable energy systems on the Property by participating in the commercial property assessed capital expenditure (“C-PACE”) program (“Program”)
authorized by the [LOCAL GOVERNMENT] in which the Property is located pursuant to the Act. Pursuant to the Program, the Property Owner agrees to the levying of the Assessment against
the Property that will be collected in installments. In no circumstances will the amount owing on the assessment be accelerated on account of a payment default or for any other reason,
but rather any proceeding to enforce the Assessment shall be limited to the collection of the amount then currently due with respect to the Assessment, including past-due interest, past-due
fees, and costs of collection as permitted under the Act, state tax code, and contracts with local government governing the Program.
By signing below, Mortgage Holder hereby: (i) acknowledges and consents to the Assessment in the amount set forth above; (ii) agrees that the Assessment will not constitute an event
of default or trigger the exercise of any remedies under the loan documents between Mortgage Holder and Property Owner, and (iii) acknowledges that this Consent is being relied on by
all parties participating in, lending in or administering the Program.
The undersigned hereby represents that he/she is an officer authorized to execute and deliver this Consent on behalf of Mortgage Holder.
MORTGAGE HOLDER:
[_____________________________]
By (SEAL)
Name
Title
STATE OF _______________ )
</w:t) ss. ___________
COUNTY OF ____________ )
On this _______ day of ______________, ________, before me, the undersigned, a Notary Public, in and for said State, personally appeared ______________________________________, known
to me, or identified to me on the basis of satisfactory evidence, to be the ____________________________, of the corporation that executed the instrument and that the foregoing instrument
was signed on behalf of said corporation by authority of a resolution of it's board of directors and acknowledged to me that such corporation executed the same.
WITNESS MY HAND AND OFFICIAL SEAL. (SEAL)
_______________________________________Notary Public
Residing at:Commission Expires:
Exhibit A
(Legal Description)