CLD Financial, LLC
Online Agreement
09-15-2025
By clicking the "Submit" button, you (the “Applicant”) are agreeing to this Online Agreement and stating that you are either the person seeking financing (“Borrower”) or an authorized representative of the Borrower. You are also stating that the information submitted on Commercial Loan Direct’s Online Application Form is true and correct to the best of your knowledge. Applicant authorizes CLD Financial, LLC ("CLD") and its representatives to contact Applicant via telephone, email, or any other contact information Applicant provides for purposes of discussing mortgage financing options (even if Borrower has previously registered on a do-not-call registry).
TERMS OF THIS ONLINE AGREEMENT
Authorization. Borrower authorizes and engages CLD to negotiate financing on its behalf through CLD’s lending relationships (the “Lender(s)”). Borrower further authorizes the Lender(s) to share all financial and credit information related to all of the financing request(s) with CLD so that CLD’s representatives may effectively negotiate loan terms on behalf of the Borrower.
Loan Documentation. Applicant understands that in order to complete the Lenders’ credit underwriting process and provide loan quotes, there will be financial documentation required. Applicant agrees to provide any supplied documentation in true and accurate form. Additionally, Applicant authorizes CLD to release such information and documentation to the Lender(s) in order to analyze the creditworthiness of the financing request and provide loan quotes to the Borrower.
Inability to Secure Financing. If financing cannot be secured by CLD on behalf of Borrower, CLD’s sole obligation shall be to advise the Applicant or Borrower that such financing cannot be secured.
Application Acceptance Policy. Our receipt of an electronic application or any other form of communication from you or your receipt of a confirmation of that communication from CLD does not signify an acceptance of your request, nor does it constitute a commitment to lend. CLD reserves the right at any time after receipt of your application to accept or decline your application for any reason. CLD may require additional verification or information before accepting any application request. CLD is not responsible for applications that cannot be funded or unsuccessful funding applications, whether arising from an applicant’s ineligibility to qualify for the funding opportunity or for any other reason whatsoever.
Confidentiality. Applicant on behalf of Borrower and all affiliates agree to keep confidential the contents of any information given to the Applicant or Borrower from either CLD or any Lender(s) outlining proposed or potential financing terms, excepting that the Borrower may disclose information to his/her/its respective affiliates, attorneys, financial advisers, or accountants in connection with performing any obligations necessary to close the financing.
Non-Circumvention. As of the time this application is submitted, Applicant, on behalf of Borrower, agrees and covenants that he/she/it will not directly, indirectly, or in conjunction with any other person or entity, apply to the Lender(s) to which CLD submits the Borrower’s financing request except through CLD and its exclusive agent(s); if such a submission does occur, it shall be considered a circumvention. Despite the foregoing, if Applicant has already submitted this financing request to other sources outside of CLD before this application is submitted and provides a list of those financing sources to CLD in writing before CLD collects a financial package in order to analyze the financing request, those financing sources will be exempt from this paragraph. In the event of a circumvention, the Applicant and Borrower (both jointly and severally) shall be liable to CLD Financial, LLC for its actual income loss, including but not limited to, an Origination Fee of one percent (1.00%) as well as any yield spread premium, servicing strip, or lender rebates to which CLD was entitled to from the Lender (collectively, “Potential Income”), which shall become immediately due and payable. Borrower also agrees that the Lender(s) that CLD has submitted the borrower's loan request to may at any time disclose to CLD and its officers any attempted circumvention and that the waivers under Section 9 of this Online Agreement will supersede any other claims the Borrower may make. Borrower understands that this Potential Income liability shall be no less than one percent (1.0%) of any requested financing amount and that CLD may collect this fee by means of litigation or arbitration in any venue it chooses, third party collections, or by putting a lien on the Borrower's real estate, as permitted by law.
Indemnity. Applicant/Borrower releases and indemnifies CLD, its owners, officers, employees, agents and representatives from any liability whatsoever with respect to requesting financing and obtaining and/or supplying records or other information on the Applicant or Borrower.
Modification. CLD reserves the right to modify this Online Agreement at any time in its sole and absolute discretion. Your continued use of CLD’s services after such a modification shall constitute your acceptance of, and agreement to, any new or amended terms and conditions without a formal notification thereof.
Survival. The Applicant's and Borrower's obligations under Section 6 of this Online Agreement will survive any termination of a transaction for any reason whatsoever.
Entire Agreement. This Agreement constitutes the entire Online Agreement between Borrower and CLD. There are no other online agreements, expressed or implied, written or oral which are not contained herein and if there had been any previous online agreement(s), this Online Agreement shall replace those previous agreement(s). This Online Agreement may not be modified or amended in any way except by in writing and executed by both CLD and Borrower. It is binding on all the parties hereto, their heirs, successors, assigns, administrators, representatives, etc.