§ 1980.824 - Terms of loan repayment.  


Latest version.
  • (a) Principal and interest on the loan will be due and payable as provided in the debt instrument except, any interest accrued as the result of the borrower's default on the guaranteed loan(s) over and above that which would have accrued at the debt instrument rate on the guaranteed loan(s) will not be guaranteed by FmHA or its successor agency under Public Law 103-354. The lender will structure repayments as established in the loan agreement between the lender and borrower. Ordinarily, such installments will be scheduled for payment as agreed upon by the lender and borrower on terms that reasonably assure repayment of the loan. However, the first installment to include a repayment of principal may be scheduled for payment after the project is operable and has begun to generate income, but such installment will be due and payable within two years from the date of the debt instrument and at least annually thereafter. Interest will be due at least annually from the date of the debt instrument. Ordinarily, monthly payments will be expected, except for borrowers with income limited to less frequent intervals.

    (b) The maximum time allowable for final maturity for an FmHA or its successor agency under Public Law 103-354 guaranteed CP loan will be limited to the useful life of the facility, not to exceed forty (40) years.

    (c) FmHA or its successor agency under Public Law 103-354 will not guarantee any loan in which the bond, promissory note or any other document provides for the payment of interest upon interest.