THE RICHLAND ELECTRIC COOPERATIVE REVOLVING LOAN FUND MANUAL

Similar documents
Winnebago County Industrial Development Board The Wave of the Future WINNEBAGO COUNTY CDBG-ED REVOLVING LOAN FUND MANUAL

VILLAGE OF LITTLE CHUTE SMALL BUSINESS MICRO LOAN PROGRAM

Revolving Loan Program Manual Community Development Block Grant April 2001

CITY OF WASHBURN REVOLVING LOAN FUND. POLICIES AND PROCEDURES MANUAL (Revised February 10, 2017)

CITY OF DE PERE REVOLVING LOAN FUND MANUAL. Prepared by the: Planning and Economic Development Department

BUILD FUND, LLC POLICIES & PROCEDURES MANUAL

REVOLVING LOAN FUND Policy and Procedures Manual. For the CITY OF BOWLING GREEN 304 North Church Street Bowling Green, Ohio

SHAWANO COUNTY, WISCONSIN

ECONOMIC POLICY MANUAL CITY OF MANITOWOC

Buchanan County Economic Development Commission (BCEDC) Revolving Loan Fund (RLF) Business Growth Loan Program Guidelines

Commercial Building & Site Loan Program

MONROE COUNTY REVOLVING LOAN FUND PROGRAM

SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION

ADMINISTRATION GOALS LOAN QUALIFICATIONS. Wiregrass Electric Cooperative, Inc. POLICY STATEMENT

JOBS LOAN PROGRAM GUIDELINES

CITY OF PORTERVILLE CDBG SMALL BUSINESS REVOLVING LOAN FUND PROGRAM GUIDELINES

OWNER-OCCUPIED HOUSING REHABILITATION

CROP LOAN GUARANTEE PROGRAM

REVOLVING LOAN FUND (RLF) PROGRAM. ADMINISTRATIVE GUIDELINES City of Urbandale, Iowa

The following criteria will be used to determine whether an applicant is eligible for a UDF loan:

CITY OF KENT, OHIO DEPARTMENT OF COMMUNITY DEVELOPMENT LOAN APPLICATION COMMERCIAL/INDUSTRIAL LOAN PROGRAMS

KOHLER CO. 401(K) SAVINGS PLAN PARTICIPANT LOAN POLICY

New Markets Tax Credit Loan Fund (NMLF) Program Guidelines

PROGRAM GUIDELINES. Dated as of April 1, 2010

PEF closes funding gaps that growth businesses commonly face as they move from start-up to commercialization and fast growth.

WEST VIRGINIA PROPERTY RESCUE INITIATIVE

Small Business Loan Guaranty Program

Rural Development Plan

Your Guide to Home Financing

CITY OF WEST POINT FORWARD FUND LOAN PROGRAM APPLICATION

Guidelines: Kentucky Capital Access Program (KCAP) Participants. Eligible Lenders

Grand Forks Growth Fund, A Jobs Development Authority Staff Report

COMMERCIAL REVOLVING LOAN FUND

Chapter 15 Real Estate Financing: Practice

Urban Redevelopment Authority of Pittsburgh HOUSING OPPORTUNITY FUND RENTAL GAP PROGRAM. Program Guidelines 10/11/ 2018

CHRISTIAN REFORMED CHURCH LOAN FUND, INC., U.S.

CITY OF BELOIT COMMERCIAL AND INDUSTRIAL REVOLVING LOAN PROGRAM MANUAL OF POLICIES AND PROCEDURES JUNE 2016

The following criteria will be used to determine whether an applicant is eligible for a Micro-loan:

Guidelines: Kentucky Collateral Support Program (KYCSP) Participants

TEXAS HOUSING IMPACT FUND POLICY AND GUIDELINES 1 TABLE OF CONTENTS

City of Eden Prairie First Time Homebuyer Program

Building Facade Improvement Program GUIDELINES

KANSAS PARTNERSHIP FUND GUIDE

Cortland County BDC Revolving Loan Fund Program Criteria and Application

Finding the Money You Need

MicroLOAN SOUTH DAKOTA Building South Dakota Communities POLICIES AND PROCEDURES

West River Revolving Loan Fund. Application Information

REVOLVING CREDIT MORTGAGE

TABLE OF CONTENTS. I. Non Discrimination / Equal Opportunity 3. II. Fair Lending Complaints 3. III. Program Preferences 4

Announcement of Application Deadlines and Requirements for Section 313A

6/18/18 City of Fayette Revolving Loan Fund Application P a g e 1

Town of Windsor Community Development Housing Rehabilitation Program

Dear prospective and existing restaurateurs and proprietors of York City fresh food establishments:

THREE RIVERS PLANNING & DEVELOPMENT DISTRICT LOAN APPLICATION

PACE PROGRAM DESCRIPTION AND GUIDELINES

Announcement of Loan Refinancing Procedures, and Deadlines for the Refinancing of

Guidelines: Kentucky Loan Participation Program (KYLPP) Participants

PROPERTY MANAGEMENT AGREEMENT

Village of Orland Park Economic Development

Loan Modification Program for Rental Loan Program (RLP) (revised 7/14 ) Table of Contents

AHP 2018 Implementation Plan Native American Homeownership Initiative (NAHI) Program Guidelines

Revolving Loan Fund Policies and Procedures Revised November 2012

House Bill 4 Senate Amendments Section-by-Section Analysis HOUSE VERSION SENATE VERSION (IE) CONFERENCE

Machinery & Equipment Loan Fund (MELF) Program Guidelines Table of Contents

REVOLVING LOAN FUND POLICY

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 10-K. For the transition period from to.

WASHINGTON COUNTY LOCAL DEVELOPMENT CORPORATION. Independent Auditor s Report Financial Statements December 31, 2017

Sanitary Sewer Connections, Connection Assistance and Enforcement

PROCEDURAL MANUAL ALABAMA HOUSING FINANCE AUTHORITY

Red Wing Housing & Redevelopment Authority

BUSINESS PROMOTION & ABOUT OUR LENDING PROGRAM

USDA Rural Development Summary of Programs

Last Name (Company) First Name SSN Disbursement % Mailing Address City State Zip

These guidelines relate solely to the Concessional Loans Scheme of Farm Finance in Victoria.

Affordable Housing Program 2018 Implementation Plan

How Cities Can Pursue Responsible Banking: Model Local Responsible Banking Ordinance Creates Community Reinvestment Requirements for Financial

Financial Assistance Guide

PUBLIC FINANCE MANAGEMENT ACT (No. 18 of 2012) COUNTY GOVERNMENT OF KIRINYAGA

Closing Costs & Information

Knox County Regional Micro-Loan Program Guidelines

REVOLVING LOAN FUND (RLF) APPLICATION

PROPERTY MANAGEMENT AGREEMENT

Supportive Housing Debt Program

Washoe County COMMUNITY SERVICES DEPARTMENT

PHILLIPS AREA MICRO-LOAN PROGRAM GUIDELINES

Decorah Area Small Business Plan: Revolving Loan Program Fund Plan

Non-Profit Incentive Act of 2005 (Act 1277 of 2005 as amended) Rules and Regulations. I. Introduction. Definitions

DEED OF TRUST (Assumable Not Due on Transfer)

ELIGIBILITY INFORMATION REQUIRED FOR PLP SUBMISSION Rev. 11/25/08

Office of the State Bank Commissioner

502 Prequalification Package Web:

LOCAL GOVERNMENTS CAPITAL IMPROVEMENTS REVOLVING LOAN PROGRAM (CAP LOAN)

Chapter 3 CDBG Loan Program

COMMERCIAL REHABILITATION LOAN PROGRAM

CITY OF VIRGINIA BEACH DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION EMERGENCY REHABILITATION PROGRAM CDBG PROGRAM YEAR FUNDS

RURAL FINANCE AUTHORITY STANDARD LOAN AGREEMENT AND NOTE for RFA LOAN PARTICIPATION PROGRAMS

Native American Homeownership Initiative 2013 Program Guidelines

IMPORTANT TERMS OF OUR HOME EQUITY LINE OF CREDIT

MISSISSIPPI DEVELOPMENT AUTHORITY SMALL BUSINESS LOAN GUARANTY PROGRAM GUIDELINES

POLICY FOR THE COLLECTION OF WATER AND SEWER USE ACCOUNTS FOR THE TOWN OF MANCHESTER. Effective July 1, 2013

Transcription:

THE RICHLAND ELECTRIC COOPERATIVE REVOLVING LOAN FUND MANUAL The Rural Business Enterprise Grant (RBEG) Program, administered by the Wisconsin USDA Rural Development, provided the Richland Electric Cooperative with funds to use for economic development, more specifically, for business start-ups and expansion. These funds provide quality businesses adequate sources of funding to help finance the start up or expansion of business where traditional sources of bank financing are not adequate. In developing this program it is our intent to develop a debt financing tool that meets the requirements of the USDA, but which is compatible with other business incentives utilized by the Richland Electric Cooperative to further the development of business in our area. Therefore, the procedures and policies for marketing, processing and administering this RLF program is intended to be compatible with other loan programs available in the area. Furthermore, this program is designed to work as one program administered within a group of programs for one stop business assistance. Adopted by the Richland Electric Cooperative Revolving Loan Fund Committee on, 2014. Approved by the Wisconsin USDA Rural Development on, 2014. Revolving Loan Fund Administrator 1

SECTION 1: GENERAL PROVISIONS 1.1 PURPOSE The purpose of the policies and procedures contained within this manual, hereafter referred to as the Richland Electric Cooperative (REC) Revolving Loan Fund (RLF) Manual, is to present the criteria which governs the economic development activities with funds made available through the Wisconsin USDA Rural Development (USDA) Rural Business Enterprise Grant (RBEG) program. 1.2 OBJECTIVES Economic development activities assisted with funds made available through the REC RLF program are intended to meet the following objectives: (1) To encourage the creation and retention of permanent jobs which provide a wage appropriate to the skills and experience of the local labor force and that is competitive. (2) To encourage the leveraging of new private investment into the region in the form of fixed asset investment, particularly in land and buildings. (3) To perpetuate a positive and proactive business climate which encourages the retention and expansion of existing businesses and helps to attract desirable new businesses. (4) To maintain and promote a diverse mix of employment opportunities and to minimize seasonal or cyclical employment fluctuations. (5) To encourage the development and use of modern technology and create safe work environments. 1.3 AMENDMENTS AND MODIFICATIONS The REC may, from time to time, amend the provisions imposed b the policies and procedures contained within the REC RLF manual and such amendments are subject to prior written approval by the Wisconsin USDA Rural Development, who administrates the Rural Business Enterprise Grants (RBEG) that provides the funds used to capitalize the REC RLF. 2

SECTION 2: ADMINISTRATION 2.1 REVOLVING LOAN FUND COMMITTEE (1) The REC has established a formal Revolving Loan Fund Committee which consists of individual representative of broad community interests, and having special expertise and knowledge of commercial lending and economic development processes. Expertise on the Committee includes five members composed of two business persons, two financial persons and one member of the REC Board of Directors. (2) The RLF Committee shall have the authority to review, select and approve loan applications subject to review of the REC Board of Directors.. The Committee shall also have the authority to make policy recommendations for the administration of the program. Periodic activity reports prepared by the REC shall be provided to members of the governing body. (3) The REC Chief Executive Officer or designee shall explain the Program to prospective applicants, provide written information, assist applicants in completing applications and process requests for financing. The REC staff, where necessary and appropriate, shall counsel or guide loan applicants to other more appropriate technical and financial resources when the loan applicant has needs beyond those available from the RLF program. (4) The RLF Committee shall review loan applications and may interview prospective applicants. Prospective applicants shall complete an application form prior to that meeting and should be encouraged to have a representative of their primary lending institute accompany then to the meeting. The RLF Committee shall make a recommendation based on information provided. (5) The REC shall periodically review all financial statements and loan amortization schedules of RLF loan recipients, review and approve documentation of business expenditures financed with RLF proceeds, maintain the RLF accounting records which shall be segregated from other accounts, prepare agendas, attend all RLF committee meetings, take official minutes and report annually to the Department of Agriculture regarding the use of the RLF funds. (6) The REC attorney shall prepare all loan agreements, all promissory notes and mortgages or lien instruments and all other legal documents, record RLF security instruments and counsel the Committee on default matters. (7) The REC shall be responsible for the maintenance of all other records for the RLF, particularly those related to the expenditures of the RLF monies for the program administration purposes. 2.2 MEETINGS RLF Committee meetings shall be held on as needed basis. Pursuant to Section 19.84, Wisconsin Statutes, all Committee members shall be given prior notice of each meeting. A majority of the Committee in attendance at a meeting constituting a quorum shall be required for official Committee action. Official actions must have the support of the majority of the total Committee. Vacant positions on the Committee shall be counted in determining the total number of Committee members. 2.3 RECORDS Written records of all program activities, including program meetings, loan application and related documents, shall be maintained in appropriate files in the REC offices. All files should be maintained in a secure place with limited access by authorized personnel at the REC offices as well. The REC s legal counsel shall be consulted in regard to compliance with state and municipal open records laws. The following file shall be established and maintained for each loan recipient: 3

(1) Loan Application and Amortization Schedule Section: All applications, business financial statements, personal financial statements, credit reports, business plan documents and other supporting loan information submitted to the REC, including all applicable correspondence, shall be placed in a permanent file. An approved loan shall include the amortization schedule. (2) Minutes Section: This file should contain a summary of the analysis, recommended actions for the application and a copy of the minutes for the RLF Committee meeting summarizing the action taken on the loan request. (3) Legal Document Section: This file contains copies of all loan closing documents. This file contains all legal documents form the loan closing, including security instruments, the note and other applicable correspondence and shall be retained by the REC. Copies of the loan closing documents and amortization schedules will be provided to the loan recipient. (4) Tickler File System: A tickler file system should be established and maintained to ensure that loan repayments, financial information, the loan agreement, UCC updates and other time sensitive documentation requirements are tracked and obtained as required. The system should include the following monthly coded index files: 1) Expiration date for property, casualty and life insurance policies; 2) Due dates for all financial statement: 3) Expiration dates for UCC financing statements, the reminder to update being at least 45 days prior to the expiration of the UCC filing on hand; 4) Scheduled dates of annual loan performance and covenant reviews; 5) Dates for site visits; 6) Due dates for property tax payments and dates by which the city expects to hear from the borrower regarding confirmation of payment of taxes; 7) Review dates for job; and 8) Dates on which loan recipients will be notified of scheduled changes in the loan amortization schedule per loan agreements. (5) Financial Statement Section: this file should contain the businesses periodic financial statements as required by the loan covenant with a statement indicating that the REC and the RLF Committee reviewed the data. (6) Insurance Binders and Miscellaneous Section: The REC may make periodic site visits to verify information in the loan covenants and financial statements. These site visits should be documented for the file. All loans are to be reviews on an annual basis, and at such other times as may be deemed necessary by the REC. The review should follow receipt of the fiscal year end financial statements, the verification of jobs created and verification that business insurance is current. If the business is experiencing problems with any of the above criteria, the REC is to work with the loan recipient to identify actions that are needed to correct the identified deficiencies, including possible restructuring of the loan to protect the REC s interest and meet the needs of the business. If appropriate, the REC will arrange for business assistance, including services available through the UW-Extension, Small Business development Center (SBDC) and other entities having an interest in serving the needs of businesses. 4

In the event the findings of the loan review suggest serious problems, particularly if the loan is at risk of default, the account should be turned over to the REC attorney for legal action in order to initiate steps necessary to protect the loan and to insure the maximum repayment of the balance due. Again, corrective actions may be achieved through restructuring or if necessary, foreclosure actions. 2.4 ADMINSTRATION Reasonable administration funds may be withdrawn from the RLF to cover administrative expenses. Local funds may be used in situations when loan repayments are insufficient to cover administrative costs. Administrative expenses up to fifteen (15) percent of program income may be used for direct loan administrative costs, in addition to paying costs for the REC, these funds may be used for the following: (a) (c) (d) Legal costs. Consulting fees for credit analysis, business plan reviews and technical assistance. Office supplies, copying, typing, mailing and related. Training costs. Principal repayments will not be considered program income for purposes of determining administration fees. Program income shall include interest income on loans and interest on invested funds. The REC has established loan origination fees, closing fees, servicing fees and other fees to cover charges directly related to either processing an application or servicing a loan. All fees collected go to the REC account. The accounting of the fee revenue placed in the RLF should include separate line items to track administrative expenses recovered. 5

SECTION 3 ELIGIBLITY CONSIDERATIONS 3.1 ELIGIBLE AREA The eligible area for the RBEG loan program will be the county boundaries of Richland, Vernon, Sauk, Crawford, Iowa and Grant Counties in Wisconsin.. 3.2 ELIGIBLE APPLICANTS (1) Applications may be submitted by the sole proprietor or Chief Executive Officer of any business wishing to establish or expand a business in Richland County. (2) The developer of a building which is rented to new or expanding businesses that are willing to commit to job development requirements. (3) No member of the governing body of the REC, RLF Committee or any of its officials, staff, consultants or agents many make an application or receive a loan under this program. (4) No program loans will be made which are in conflict with Section 9.46.13 of the Wisconsin Statutes (Private Interest in Public Contract Prohibited). (5) Applicants shall not be disqualified based on age, race, religion, color, handicap, sex, physical condition, development disability in defined in s. 51.05 (5), sexual orientation or national origin. 3.3 ELIGIBLE ACTIVITIES Program loans shall be available to eligible applicants for the following activities: (1) The acquisition of land, buildings and fixed equipment. (2) Site preparation and construction or reconstruction of buildings or the installation of fixed equipment. (3) Clearance, demolition or the removal of structures or the rehabilitation of buildings and other such improvements. (4) The payment of assessments for sewer, water, streets, other public improvements and/or site preparations. (5) Working capital. (6) Agricultural production, when not eligible for Farm Service Agency (FSA) farmer program assistance and when it is part of an integrated business also involved in the processing of agricultural products. (7) Purchase of membership, stocks, bonds or debentures necessary to obtain a loan from Farm Credit system institutions and other lenders provided that the purchase is required for all of their borrowers. Purchase of startup cooperative stock for family-sized farms where commodities are produced to be processed by the cooperative. (8) Aquaculture, including conservation, development and utilization of water for aquaculture. (9) The financing of housing development sites provided that the community demonstrates a need for additional housing to prevent a loss of jobs in the area to house families moving to the area as a result of new employment opportunities. 6

(10) Provide loan guarantees to assist industries adjusting to terminated Federal agricultural programs or increased foreign competition. 3.4 INELIGIBLE ACTIVITIES Program loans shall not be available for the following activities: (1) Refinancing or consolidating of business or personnel debt. (2) Reimbursement for expenditures made prior to the loan approval. (3) Specialized equipment that is not essential to the business operation. (4) Residential building construction or reconstruction (unless such reconstruction is intended to convert the building or portion thereof to a business operation for which this loan is made. (5) Routine maintenance. (6) Professional services such as feasibility and marketing studies, accounting, management services, and other similar services. Legal services incurred in closing of a RLF loan are eligible. (7) Projects in excess of $1 million that would likely result in the transfer of jobs from one area to another and increase direct employment by more than 50 employees. (8) Projects in excess of $1 million that would increase direct employment by more than 50 employees, if the project would result in an increase in the production of goods for which there is not sufficient demand, or if the availability of services or facilities is insufficient to meet the needs of the business. (9) Charitable institutions, churches or church-controlled or fraternal organizations. (10) Racetracks for the conduct of races by professional drivers, jockeys, etc., where individual prizes are awarded in the amount of $500 or more. (11) Any business that derives more than 10% of annual gross revenue from gambling activity. 3.5 INELIGIBLE BUSINESES Program loans shall not be available for the following businesses: (1) Speculative investment companies or projects. (2) Real estate investment companies. (3) Lending institutions. (4) Gambling operations. (5) Business found not to be in the public interest. 3.6 MINIMUM REQUIREMENTS To be eligible for funding, a proposed project must meet all of the following minimum requirements: 7

(1) Private Funds Leverage: The applicant must leverage a minimum of one dollar of private funds for every dollar of loan funds request and/or approved. Higher leverage may be required at the discretion of the loan committee. (2) Cost Per Job Created: At least one (1) full time permanent position or full-time equivalent must be created for every $5,000 to $20,000 of program funds requested. The committee shall determine the ratio based on the quality of the job in terms of wages or salaries paid and benefits provided. (3) Viability of Business Proposal: The amount of funds risked in making a loan application shall be determined by normal factors of risk and the Committee shall determine this risk based on the following: 3.7 ADDITIONAL REQUIREMENTS a) Character and Management Capacity b) Capacity/Ability to Repay to Loan c) Adequate Capital/Ability to Assume Unforeseen Expenses d) Condition Related to the Soundness of the Business Venture e) Collateral Offered (1) All businesses shall demonstrate the capacity to repay the loan in accordance to rates and terms offered. (2) All business shall comply with applicable local, state and federal laws, particular those related to the USDA RBEG program. 8

SECTION 4 TERMS AND CONDITIONS 4.1 TERMS AND CONDITINS Loan terms and conditions shall be structured on need and ability to repay. Minimum standards shall include the following: (1) Loan Amount. Loan amounts are subject to the availability of program funds. (2) Interest Rate. The interest rate, subject to a minimum rate of 4%, shall be established by the Loan Review Committee. (3) Terms for Loans (a) Working capital loans shall have a maximum amortization term of seven years with a balloon payment due at the end of five years. (c) Loans for machinery, equipment and fixtures shall have a maximum amortization term of ten years with a balloon payment due at the end of five years. Real estate loans shall have a maximum term of seven years with a balloon payment that can be amortized on a 20-year basis. (4) Period of Payment. Amortization schedules shall generally be set up for monthly payments. (5) Repayment. Payment of interest and/or principal may be deferred for up to one (1) year if merited in the loan application. Interest shall accrue during the deferment period and may be paid in full or added to the principal amount of the loan. Following the deferral period, interest and principal shall be paid for the remaining term of the loan. (6) Prepayment. There shall be no prepayment penalties. (7) Collateral. The REC will seek to have the best collateral position possible to ensure that RLF loans are adequately secured. (8) Loan Fees and Costs to be paid by Borrower. (a) (c) (d) Each application must be accompanied by a one hundred dollar ($100.00) non-refundable application fee. A minimum loan fee of one hundred dollars ($100.00) or one percent (1%) of the loan amount, whichever is greater. Direct costs associated with loan closing. Late payment fee of twenty-five ($25.00) if payment is fifteen (15) days late. 9

SECTION 5 APPLICATION PROCEDURES 5.1 DISCUSSION OF REQUIREMENTS Prior to submitting an application, the applicant shall discuss the program with the REC Chief Executive Officer or designee. The REC Chief Executive Officer or designee shall assist the applicant, as is reasonably necessary, in completing the application. All financial information should be kept in a secured place with limited access to authorized personnel only. 5.2 TIMING Applications may be submitted at any time during the calendar year. 5.3 PRIORITY Applications shall be review in the order received and based on readiness for the proposed project to proceed. In the event that loan funds requested exceed available funds, the following criteria will be used to determine which business(es) will be awarded the loan(s): (1) Eligibility of the applicants. (2) Eligibility of the project to be undertaken. (3) The extent to which private funds are to be leveraged. (4) The extent to which jobs are to be created, and the type of jobs, wages and benefits. (5) The extent to which the loan can be secured. (6) Evidence of ability to repay the loan. (7) Size of the loan requested (8) Timing of the proposed expenditures. (9) Completeness of application. (10) The benefit to or the impact on the County. (11) Other factors as deemed appropriate. 5.4 LOAN APPLICATION Applicants shall submit an application using the form available from the RLF Program and that includes the following: (1) Business Description. A written description of the business, including the following: (a) (c) A brief history of the existing or proposed business, including when it started or is to start, type of operation, legal structure, markets, and products. Key customers and clients. A personal resume of each principal associated with the business, including number of years of experience in the business, educational background, and role in the proposed or existing business. 10

(d) Three years of financial history including balance sheets, profit/loss statements, cash flow statements and accountant notes. (2) Project Description. A description of how the business plans to use the requested funds. (3) Commitments from Private Lenders. This consists of commitments from all private lenders making loans to the project. Lender commitment letters should include: (a) Description of the type of loan being made by the lender (first mortgage, permanent financing, construction financing, etc.) The amount of the loan, interest rate, term, and security, availability, and repayment schedule and amounts. These commitments shall be obtained concurrently with the negotiation of the terms and conditions of the RLF Program loan to insure the interest of the REC are secured. (4) Projections. Provide proformas (a balance sheet and income statement and cash flow statement). These should cover a three-year period and should be based on the assumption that the business will receive the requested loan. (5) Additional Information. Additional information may be required by the Loan Review Committee or the Administrator. 5.5 REVIEW PROCESS Specific steps in the review process include the following: (1) Staff Review. The REC Chief Executive Officer or his designee will review the application for completeness and verify that the proposed project meets the minimum requirements provided in Section 3.6. If the application is not complete the applicant will be informed by the REC staff within 15 days of any deficiencies and be given the opportunity to make necessary corrections. Upon receiving a completed application the REC staff shall make a written review and recommendation to the RLF Loan Review Committee. (2) Formal Review. Once a completed application has been filed, a meeting of the Revolving Loan Review Committee shall be called within 30 days. The RLF committee shall call a meeting in accordance with the open meeting laws of the State of Wisconsin and review the application. Generally, all discussion of applications shall be conducted in closed hearing session to protect the privacy of the applicant and his/her business. (3) Decisions and Approvals. After a review of an application the Committee shall make a recommendation to approve or deny the loan and establish rates, terms and conditions for the loan. This recommendation shall be sent to the REC Board for review and unless the board requests to review the loan decision at its regular meeting the decision of the REC Revolving Loan Committee shall be approved. If the Board acts to review the recommendation of the Revolving Loan Committee, the action of the REC Board of Directors shall make the final decision. (4) Negotiation of Terms. Upon the approval of a loan the REC Chief Executive Officer or his designee shall contact the applicant to discuss the terms of the loan. If the applicant and REC are in agreement on the conditions, rates and terms, the director shall inform the applicant in writing of such terms and direct the REC Corporate Counsel to draw up approval loan documents and set a closing date for the loan. The Corporate Counsel will conduct said closing and file appropriate documents. 11

(5) Rejection. If the application is rejected, the REC Chief Executive Officer or his designee will send a letter to the applicant explaining the reasons for rejection and shall offer to meet with the applicant to explore ways to strengthen the loan and/or to explore alternative financing. (6) Monitoring and Servicing Loans. Once funds are dispersed the REC staff shall receive loan payments and deposit said payments in the dedicated RLF Loan account. The staff shall meet with applicant should any delinquency occur and apprise the Loan Review Committee and Board of any delinquencies over 60 days. 12

SECTION 6 DISTRIBUTION OF FUNDS 6.1 LOAN PROCEDURES Prior to releasing funds, the following documentation must be in place or provided at the appropriate time during the term of the loan. (1) Notice of Award. The Loan Review Committee must have reviewed and approved a complete application for an eligible applicant. (2) Loan Agreement. The REC Corporate Attorney shall prepare a loan agreement, which shall be executed by the REC Chief Executive Officer and the Chief Executive Officer of the business. (3) Promissory Note. A promissory note shall be prepared by the REC Corporate Attorney and signed by the Chief Executive Officer at the time of loan closing. The note must be dated; it must reference the agreement between the REC and the business; and, it must specify the amount and terms of the loan funds delivered. (4) Security. Mortgage or lien instruments or personal guarantees provided as security for all loans shall be prepared by the REC Corporate Attorney and executed at the time of the loan closing. The REC Corporate Attorney shall record the instrument and place a copy in the project file to include: (a) (c) (d) (e) (f) (g) (h) Mortgage and/or security agreement. UCC searches and filing. Guarantee agreement. Title insurance or Abstract. Assignment of Life Insurance. Casualty Insurance binder. Personal guarantee. Other documentation as may be appropriate. (6) Repayment Schedule. A loan repayment or amortization schedule shall be prepared by the Administrator after the loan proceeds are fully disbursed. (7) Evidence of Permits, etc. Documentation must be provided by the applicant that all necessary permits, licenses, and any other registrations required have been obtained by the applicant prior to the release of program funds. (8) Evidence of Program Expenditures. Documentation must be provided by the business to evidence program expenditures prior to the release of funds. Documentation shall include bills and invoices or receipts for materials, final bills of sale or cancelled checks. All documentation shall be reviewed and approved by the REC. (9) Fixed Equipment. Fixed equipment financed with program funds must have been purchased, delivered, and installed. The REC shall verify the installation of fixed equipment. (10) Other Documentation. As appropriate or necessary, the borrower may be asked to provide the following: 13

(a) (c) (d) (e) (f) A certificate of status from Secretary of State. The Articles of Incorporation and By-Laws. A resolution or agreement to borrow funds. Current financial statements. Evidence of having secured other funds necessary for the project. An Environmental Assessment for real estate loans which may either be a Phase I, II, or III analysis, depending on the environmental condition of the site. With the above documentation in place, the REC will schedule a loan closing. All documents will be executed before funds are disbursed, and mortgages and UCC Statements shall be recorded with the Register of Deeds and the Secretary of State. 14

SECTION 7 POST APPROVAL REQUIREMENTS 7.1 OBLIGATION OF LOAN RECIPIENT In addition to the terms and conditions of the loan, all borrowers shall agree to comply with the following: (1) The creation or retention of the agreed upon number of jobs within 18 months of the date of the execution of the loan agreement with the County. (2) Not to discriminate on the basis of age, race, religion, color, handicap, sex, physical condition, development disability as defined in s.51.01(5), sexual orientation or national origin in any employment or construction activity related to the use of the business loan funds. (3) To use the loan money only to pay the cost of services and materials necessary to complete the project or activity for which the loan funds were awarded. (4) To permit inspections by persons authorized by the REC of all projects and properties assisted with loan funds. Related project materials shall also be open to inspections, which include, but may not be limited to, contracts, materials, equipment, payrolls, and conditions of employment. Requests for inspection shall be complied with by the borrower. (5) To maintain records on the project as may be requested by the REC. These files shall be maintained as long as the loan is active or for at least three (3) years after completion of the work for which the loan has been obtained, whichever is longer. (6) To submit periodic progress reports to the Administrator in accordance with the schedule in the loan agreement. These reports shall report on project progress including number of jobs created or retained during the loan agreement. (7) To maintain fire and extended coverage insurance on the project property required during the term of the loan. The REC shall be listed as Loss Payee, Mortgagee, or additional insured on the policy. Term life insurance may be required of the applicant to cover the loan balance through the life of the loan. (8) To abide by all federal laws, when applicable. 15

SECTION 8 PERFORMANCE MONITORING 8.1 PRIVATE LEVRAGE COMMITMENTS The Administrator shall monitor the use of the funds and expenditure of private leverage commitments. Documentation may include invoices or receipts for materials and supplies, letters from lenders, final bills of sale, and cancelled checks. 8.2 HIRING OF NEW EMPLOYEES The REC shall monitor the borrowers progress in meeting agreed upon job creation or retention goals. Job creation must be documented using payroll records. Before-project and after-project payroll records should be provided by the borrower to document job creation. 8.3 DEFAULT In the event the business is in default on any of the terms and conditions of the loan agreement, all sums due and owing, including penalties, shall, at the REC s option, become immediately due and payable. To exercise this option, the REC s Corporate Attorney shall prepare a written notice to the business. The notice shall specify the following: (a) (c) (d) The default. The action required to cure the default. A date, not less than fifteen (15) days from the date of the notice, by which the default must be cured to avoid foreclosure or other collective action. Any penalties incurred as a result of the default, jobs, etc. 16

SECTION 9 USES OF LOAN REPAYMENTS AND REPORTING 9.1 RLF PROGRAM Repaid loans shall be re-deposited into the Revolving Loan Fund account and used in a manner consistent with the policies and procedures manual. A separate accounting record for each loan shall be kept to account for all funds loaned. The RLF account shall be audited on an annual basis and the Administrator shall report at the end of each fiscal year of the program, June 30, to the DOC regarding the use of program income. Reports shall be submitted on forms prescribed by the DOC. SECTION 10 LOAN SERVICING 10.1 MONITORING The REC shall monitor each loan to ensure compliance with the loan terms and conditions and to monitor the financial health of the business to insure continued repayment of the loan. The monitoring will also ensure that all record keeping requirements are met particularly in regard to job creation and expenditures of matching funds. A loan servicing file shall be established and maintained for each loan recipient that includes all written correspondence, a record of important telephone conversations; a list of applicable loan covenants, certificates of insurance for builders risk, property-casualty, and life insurance, as applicable, and documentation for job creation and retention including low and moderate income certifications forms. 10.2 RECORD KEEPING In addition to the above, the RLF financial management records must be comprehensive and designed to provide the following information: (a) A Revolving Loan Fund Register that records all deposits and disbursements to and from the RLF, including funds used for RLF administration. Repayment Monitoring File: This file should include the business name, loan date, loan amount, terms, as well as the loan amortization schedule, status of payments, and the outstanding balance of each loan. Observations suggesting concerns or problems should be reported to the RLF Committee and notations shall be placed in the tickler file to remind the administrator of the need to provide continued monitoring. If payments are made to an office (i.e. REC s), there needs to be in the file receipts of payments and their needs to be a system in place to insure the timely notification of payments to the REC. The REC will notify the loan recipient in writing of the deficiency and the action that will be taken should the payment not be made. Should there be a late payment, the REC will contact the loan recipient to determine the reason for the delayed payment. Contact may need to be made with other participating lender(s) to determine if their loans are current and to alert the lender of a potential problem. All payments shall be applied first to accrued late payment penalties, then to interest accrued, and then to principal. 17