Their note is $480,000 but the deed of trust secures up to $600,000
Deal in front of me: $420k purchase, $180k rehab budget, senior hard money at $480k funded in draws, and I'd be putting in $120k as a recorded second. ARV pencils around $780k, borrower has two similar projects behind him.
What's bothering me is the senior's deed of trust. The obligation secured is described as up to a maximum principal amount of $600,000, plus a future advances clause, plus protective advances for taxes, insurance, and "completion of improvements." Their actual note is $480k. So on paper there's $120k of room above me that they can fill later at their discretion, which is exactly the size of my check.
Their default interest is 24% and their note lets extension fees and accrued interest be added to principal. If the exit slips nine months and they capitalize everything, do those additions climb ahead of my second, or do they sit at the priority of whenever they were advanced? And is there anything I can actually get in an intercreditor to cap it, or is $600k just the number I have to underwrite against?