SBA SOP 50 10 8, App8.U.2 — U.S. Small Business Administration, an Agency of the United States Government
Verbatim text of SBA SOP 50 10 8 section App8.U.2 (U.S. Small Business Administration, an Agency of the United States Government), effective 2025-06-01. 2 provision(s) quoted from the SOP PDF. SBA's own document page serves superseded editions, and the SOP is further amended by policy notices — read this with the notices that touch it.
Verbatim regulatory text
Verbatim provisions from SBA SOP 50 10 8, App8.U.2 — U.S. Small Business Administration, an Agency of the United States Government — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
SOP 50 10 8 App8.U.2
2. U.S. Small Business Administration, an Agency of the United States Government Legal Description: [Insert legal description or abbreviated legal description of Property: i.e., lot, block, plat or section, township, range.] Assessor's Property Tax Parcel or Account Number at the time of recording: [Insert Property tax ID number.] Reference Number(s) of subordinated document(s): [Insert recording number(s) of Third Party Indemnitor's document(s) to be subordinated to Mortgage securing SBA Loan and other lien instruments.] Reference Number(s) of Document subordinated to: [Insert recording number(s) of Mortgage securing SBA Loan and other lien instruments] Appendix 8: SBA Environmental Indemnification Agreement EXHIBIT "C" MEMORANDUM OF SBA ENVIRONMENTAL INDEMNIFICATION AGREEMENT SBA Loan No.________________________ This Memorandum of SBA Environmental Indemnification Agreement ("Memorandum") dated ____________________ [insert date of SBA Environmental Indemnification Agreement] is executed by _______________________ (whether one or more, “Borrower”), __________________ [insert name of indemnitor(s) not obligated on the SBA Loan] (whether one or more, "Third Party Indemnitor"), _______________________ [Insert name of Certified Development Company or Lending Institution] (“Lender”), and the U.S. Small Business Administration (“SBA”). I. PURPOSE OF MEMORANDUM The purpose of this Memorandum is to provide constructive notice of the un-recorded SBA Environmental Indemnification Agreement of even date with this Memorandum entered into by Borrower, Third Party Indemnitor, SBA and Lender (the "Agreement") pertaining to the real and personal property described therein including the land located at ________________ [Insert address] and legally described in Exhibit "A" attached hereto (collectively, the "Property"). The Agreement contains, but is not limited to, the following provisions, which are addressed in greater detail therein: A. Indemnification and Remediation. Borrower and Third Party Indemnitor agree to indemnify SBA and Lender against certain losses, liabilities, damages, etc., including attorney fees and costs, related to environmental contamination associated with the Property and other matters addressed and more fully set forth in the Agreement. B. Indemnitor's Election to Pay Loan Balance. Third Party Indemnitor may, under certain conditions, limit its duty to remediate and indemnify under the Agreement by paying the entire balance due under the Loan Documents including any applicable pre-payment penalty. C. Release and Waiver. Borrower and Third Party Indemnitor release and waive all rights, claims and causes of action against SBA and Lender with regard to environmental contamination at the Property and other matters addressed in the Agreement including the right to enforce any provision recorded in the chain of title to the Property that alters SBA or Lender's legal rights, remedies or responsibilities. Appendix 8: SBA Environmental Indemnification Agreement D. Warranties and Covenants. Indemnitors warrant, among other things, that there are no documents recorded against the Property that would enable Third Party Indemnitor or its affiliates to control the use or ownership of the Property, such as a right of first refusal, purchase option, repurchase option, restrictive covenant, deed restriction, etc.; and covenant, among other things, not to record or cause to be recorded any such document before Borrower's SBA Loan has been paid in full. E. Subordination. Third Party Indemnitor unconditionally subordinates to SBA and Lender's Mortgage recorded in volume _________________ of __________________, page _________________________, under auditor's file number ________, records of __________________ County, State of ___________________________ any right, title or interest Third Party Indemnitor has with respect to the Property, whether of record or not, including the following: Third Party Indemnitor's _____________________________ [Insert description of lien, e.g., deed of trust, mortgage, UCC Financing Statement, etc.] dated ______________, recorded in volume _______ of _______, page______ under auditor's file number _________________, records of _______________________ County, State of _____________________. [Add additional blocks as necessary.] II. CONFLICTING TERMS OR PROVISIONS Terms used in this Memorandum that are not defined herein, but are defined in the Agreement, shall have the meaning provided in the Agreement. To the extent any term or provision of this Memorandum conflicts with any term or provision of the Agreement, the terms and provisions of the Agreement shall control. III. COUNTERPARTS The parties may sign this Memorandum in identical counterparts. The signature pages from the separately signed counterparts may be attached to one copy of this Memorandum to form a single document. Appendix 8: SBA Environmental Indemnification Agreement [Add additional signature blocks as necessary including a signature block for the Operating Company, if any, identified in the Loan Documents.] Borrower: ____________________________________ [Insert name of Borrower] By: _____________________________________________________ Name and Title: ________________________________________ Address: ______________________________________________ Telephone Number: _____________________________________ Facsimile Number: ______________________________________ [Add notary acknowledgement] Third Party Indemnitor: ___________________________ [Insert name of Third Party Indemnitor] By: _____________________________________________________ Name and title: _________________________________________ Address: ______________________________________________ Telephone Number: _____________________________________ Facsimile Number: ______________________________________ [Add notary acknowledgement] Lender: _________________________ [Insert name of CDC or lending institution] By: _____________________________________________________ Name and Title: ________________________________________ Address: _____________________________________________ Telephone Number: _____________________________________ Appendix 8: SBA Environmental Indemnification Agreement Facsimile Number: ______________________________________ [Add notary acknowledgement]
SOP 50 10 8 App8.U
U. S. Small Business Administration By: _____________________________________________________ Name and Title: ________________________________________ Address: ______________________________________________ Phone Number:_________________________________________ Fax Number: ___________________________________________ [Add notary acknowledgement] A copy of each notice, demand, and other correspondence with regard to this Agreement must include the SBA Loan Number and be sent to: Associate General Counsel for Litigation Office of General Counsel U.S. Small Business Administration 409 3rd Street S.W. Washington, DC 20416 And to: Legal Counsel for _________________ [Insert name of SBA District Office] Name: ________________________________________________ Address: ______________________________________________ Phone Number: ________________________________________ Fax Number: __________________________________________ ATTACHMENTS: Exhibit "A" - Legal Description of Real Property Securing Loan Appendix 9: Sample Borrowing Base Certificate & Report to Lender
Operationalizing SBA SOP 50 10 8, App8.U.2 — U.S. Small Business Administration, an Agency of the United States Government
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Source of record: https://claudeforcompliance.com/regs/sba-sop-app8-u-2/
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