Timothy Smith has represented various clients with respect to all phases of commercial transactions including acquisitions, finance, construction lending and development. Early in his career, he was in‑house counsel for one of the top ten largest insurance companies in the world. In that capacity, Tim was exposed to and had responsibility for large, complex and sophisticated real estate financing transactions, workouts, foreclosures and mortgage loan servicing matters. That experience provided a solid platform for growth and development for his move into private practice in a national law firm in which Tim rapidly rose to partnership. His practice has included significant, primary responsibility for transactions, loan work-outs and construction loan matters. In addition to representing lenders with respect to finance and lending matters, Tim has provided legal services to a large real estate investment trust, with respect to acquisition and mortgage loan matters and also has represented the retail division of an actively expanding gasoline/convenience store operation in the State of Arizona.
Representative Transactions
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- Represented life insurance company lender with respect to $40 million portfolio loan transaction secured by mini-storage properties located in eight different states
- Represented lender with respect to $25 million revolving line of credit secured by stock, personal property assets and real property
- Reviewed and negotiated loan documents on behalf of a borrower/property owner and assisted the borrower with due diligence requirements and other matters associated with obtaining a $36 million loan secured by eight, single-tenant, commercial real estate properties
- Provided advice and prepared form documents for use in the origination of a series of borrowing-base loan transactions secured by pledged auto loan promissory notes
- Negotiated, on behalf of an opportunity fund, the acquisition of 113 subdivided residential lots including a rolling option for the subsequent sale of the lots to a residential developer
- Represented a national bank with respect to a $2 million New Markets Tax Credit fund
- Provided advice and assisted a developer with the acquisition of commercial property to be used for the development of retail strip centers associated with anchor store
- Assisted client with the negotiation of purchase agreements and/or ground leases for the acquisition and development of convenience stores in the State of Arizona
Education
- Drake University School of Law (J.D., 1992)
- University of Iowa (B.S., 1988)
Court Admissions
- Supreme Court of Arizona
Other Professional Experience
- Lytle Cartwright & Smith, PLC, Partner (2007-2011)
- First National Bank of Arizona, Senior Vice President and Corporate Counsel (2004-2007)
- Kutak Rock, LLP, Partner (1996-2004)
