Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Solera National Bank ("Solera," "we," "us," or "our") governing your access to and use of the Solera Lending client portal (the "Portal") located at this website and any related services we provide.

By creating an account, accessing the Portal, or submitting a loan application, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Portal.

The Portal is an online platform that allows eligible borrowers to submit loan applications for non-recourse real estate financing intended to be held within Self-Directed Individual Retirement Accounts ("SDIRA") and Solo 401(k) plans. Through the Portal, you may:

• Complete and submit a loan application;
• Upload required documentation;
• Track the status of a pending loan application;
• Communicate with Solera loan officers; and
• Access informational resources related to non-recourse retirement account lending.

Access to the Portal and its features is subject to our approval and may be modified, suspended, or discontinued at any time without prior notice.

To use the Portal and apply for a loan, you must meet all of the following eligibility requirements:

• You must be at least 18 years of age and a legal resident or citizen of the United States;
• You must have a Self-Directed IRA, Inherited IRA, or Solo 401(k) account with a qualified custodian that permits alternative investments, including real estate;
• You must be applying for financing on an eligible residential investment property (1–4 units) or other qualifying real estate type as determined by Solera;
• The property must be located in a state in which Solera is authorized to lend; and
• You must not be prohibited by applicable law from entering into financial agreements.

Solera reserves the right to verify eligibility and to deny access to any user who does not satisfy these requirements.

To access the Portal, you must register for an account by providing accurate, current, and complete information. You agree to:

• Maintain the accuracy of your account information and promptly update it as needed;
• Keep your password and login credentials confidential and not share them with any third party;
• Notify Solera immediately at support@solera.com if you suspect any unauthorized access to or use of your account; and
• Accept responsibility for all activity that occurs under your account.

Solera is not liable for any loss or damage arising from your failure to comply with these security obligations.

Submitting a loan application through the Portal does not constitute a commitment by Solera to lend or to offer any particular loan terms. Loan approval, interest rates, loan amounts, and other terms are subject to:

• Full underwriting review and credit analysis;
• Satisfactory property appraisal and assessment of loan-to-value (LTV);
• Acceptable debt service coverage ratio (DSCR) of at least 1.20;
• Verification of SDIRA or Solo 401(k) account funds for down payment and required reserves;
• Compliance with all applicable federal and state laws; and
• Solera's lending policies in effect at the time of review.

You may be required to pay fees in connection with your application, including but not limited to appraisal fees, which are non-refundable unless otherwise specified in writing. A copy of any appraisal obtained by Solera will be provided to you promptly, even if your loan does not close.

Solera offers non-recourse financing, meaning that the loan is secured solely by the real property pledged as collateral. In the event of a default, Solera's recourse is limited to the property itself; Solera may not pursue your personal assets, other IRA holdings, or assets held outside the borrowing entity.

You acknowledge and understand that:

• Non-recourse loans held within an IRA or Solo 401(k) may generate Unrelated Business Taxable Income (UBTI) or Unrelated Debt-Financed Income (UDFI), which could result in tax liability to your retirement account;
• IRS rules prohibiting self-dealing, prohibited transactions, and disqualified persons apply to all IRA and retirement account-held real estate; and
• Solera strongly recommends that you consult with a qualified tax advisor, ERISA attorney, and/or financial planner before proceeding.

By submitting a loan application or any documentation through the Portal, you certify that all information provided is true, accurate, complete, and not misleading to the best of your knowledge. You understand that:

• Providing false, inaccurate, or misleading information may result in denial of your application, cancellation of any approved loan, and may constitute fraud under applicable federal and state laws;
• Solera may verify the information you provide through third parties, including but not limited to credit reporting agencies, public records, and IRA custodians; and
• You must promptly notify Solera of any material changes to the information provided in your application.

The Portal and any content, tools, calculators, or information provided through it are for general informational purposes only and do not constitute financial, investment, tax, legal, or accounting advice. Solera is a lender, not a financial advisor, tax professional, or attorney.

Loan estimates, calculator results, and qualifying projections provided through the Portal are illustrative only and do not guarantee actual loan terms. You should independently verify all information and consult with appropriate licensed professionals before making any financial decisions.

You agree that you will not:

• Use the Portal for any unlawful purpose or in violation of any applicable laws or regulations;
• Submit false, fraudulent, or misleading information in connection with any loan application;
• Attempt to gain unauthorized access to any portion of the Portal or any other systems or networks connected to it;
• Interfere with or disrupt the integrity or performance of the Portal;
• Use any automated tools, bots, or scraping software to access the Portal;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity; or
• Transmit any viruses, malware, or other harmful computer code through the Portal.

All content, features, and functionality of the Portal, including but not limited to text, graphics, logos, user interfaces, software, and trademarks, are the exclusive property of Solera National Bank or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Portal solely for the purpose of submitting and managing your loan application.

You may not copy, modify, distribute, sell, or otherwise exploit any portion of the Portal without Solera's prior written consent.

THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOLERA DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOLERA NATIONAL BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PORTAL, EVEN IF SOLERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLERA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SOLERA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Solera National Bank and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Portal; (b) your violation of these Terms; (c) any information you submit through the Portal; or (d) your violation of any third-party rights or applicable laws.

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Portal shall be resolved exclusively in the state or federal courts located in Jefferson County, Colorado, and you consent to personal jurisdiction in such courts.

Notwithstanding the foregoing, Solera reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Solera reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a notice on the Portal. Your continued use of the Portal after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Portal.

Solera may suspend or terminate your account and access to the Portal at any time, with or without cause, and with or without notice. Upon termination, your right to use the Portal will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 7, 11, 12, and 13.

If you have any questions about these Terms of Service, please contact us at: