If properly drawn, there is no doubt that it is a commercial loan and the collateral is held by the LLC and assigned to that lender.Drafting any clause that is contrary to state law may well be worthless as many rights, especially consumer rights or protections provided by law can not be relinguished by the consumer or individual even if by agreement.

Sources- personal, collateralized assets, Credit Unions, Conventional Banks, Hard Money Lenders, Relatives, SBA, Farm Credit Service, FHA, VA, BAH,      B.  

They both have their pro and con and can work well.The cash value of the life insurance is expected to grow at a 4 to 8% IRR depending on the type of policy.You can use your cash value as a collateral for a loan (between prime and 6% interest rate depending on the policy or the bank you use), while the cash value continue to compound its grow on its full value uninterrupted.

Collateral Protection Notice h.

An exchange option would be very difficult, amounts, maturity, yield and risk would need to be adjusted, even up would be impossible but still sounds good to me.We did guarantees by continuing the payments, taking the note, securing collateral and paying it off, or modification or refi it.

The $90k debt that you reference does not apply if the loan is not collateralized by the property you are selling.Example: Using rough math, if you purchase a $650k property with $435k down, your taxable boot would be $100k.If you purchase a $750k property with $335k down, your taxable boot would be $100k.The gain only comes to play in the event that your boot exceeds your gain.

I need a parter that will fund my downpayment  you are not going to find someone else you bring in a partner and give up equity or have substantial equity in your other assets that can be used as collateral, but if you do not have down payments then maybe sell your properties to scale - otherwise continue to save.

 - Portfolio loan: this would assume you OWN the portfolio, and are cross-collateralizing these assets under one loan.  

Usually works like this•Rates: 10% to 14% (Most Deals are 12%)Terms: 1 Day - 24 Months (Most Deals are 6 months)Fees: 2-5 points(%) of loan amount paid at closing (Most Deals are 3 points(%))Minimum Loan Amount: $50,000 Max Loan: 65-70% of After Repair Value(ARV) 100% Rehab Financing Available (Most Deals require 20% of purchase price down payment or cross-collateral)Closing Timeframe: 48 Hours - 3 Weeks (Most Deals are 10 business days)NO PRIMARY RESIDENCES, NON-OWNER OCCUPIED ONLY, BUSINESS AND COMMERCIAL USE ONLY.

Most hard money won't care, most work like this:Rates: 10% to 14% (Most Deals are 12%)Terms: 1 Day - 24 Months (Most Deals are 6 months)Fees: 3-5 points(%) of loan amount (Most Deals are 3 points(%)) - $2500 minimum fee Minimum Loan Amount: $75,000 Max Loan: 65-70% of After Repair Value(ARV) 100% Rehab Financing Available (Most Deals require 10-20% of purchase price down or cross-collateral)Closing Timeframe: 48 Hours - 3 Weeks (Most Deals are 7-10 business days)NO PRIMARY RESIDENCES, NON-OWNER OCCUPIED ONLY, BUSINESS AND COMMERCIAL USE ONLY.