Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter VII - Farm Service Agency, Department of Agriculture |
SubChapter D - Special Programs |
Part 764 - Direct Loan Making |
Subpart D - Farm Ownership Loan Program |
§ 764.154 - Rates and terms.
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§ 764.154 Rates and terms.
(a) Rates.
(1) The interest rate is the Agency's Direct Farm Ownership rate, available in each Agency office.
(2) The limited resource Farm Ownership interest rate is available to applicants who are unable to develop a feasible plan at regular interest rates.
(3) If the FO loan is part of a joint financing arrangement and the amount of the Agency's loan does not exceed 50 percent of the total amount financed, the interest rate charged will be the greater of the following:
(i) The Agency's Direct Farm Ownership rate, available in each Agency office, minus 2 percent; or
(ii) 2.5 percent.
(4) The interest rate charged will be the lower of the rate in effect at the time of loan approval or loan closing.
[(b) Terms. Except for MLs made for FO purposes, the Agency schedules repayment of an FO loan based on the applicant's ability to repay and The repayment terms are:
(1) The standard repayment term of an FO will be equal to the useful life of the security or 40 years, whichever is less. Repayment terms less than the standard term must be requested by the applicant in writing. In no event will the term be more than 40 years from the date of the note.
(1) For MLs made for FO purposes the Agency schedules repayment of an FO based on the applicant's ability to repay and the useful life of the security. In no event will the term be more than 25 years from the date of the note.
(2) [Reserved]
Repayment schedules may include equal installments, or unequal installments if needed to establish a new enterprise, develop a farm, recover from a disaster or economic reversal, or reasonably increase cash flow margin to increase working capital reserves and savings, including reasonable savings for retirement and education. Notwithstanding any other provision of this section, repayment schedules must be designed to ensure the loan is fully secured for the life of the loan.
(2) The first installment of an FO will be an interest-only installment scheduled 12 months from the date of loan closing. An alternative repayment agreement that schedules the first installment sooner than 12 months from the date of closing, or in an amount greater than interest-only, may be provided upon written request from the applicant, or if the Agency determines it necessary to ensure the loan is fully secured for the life of the loan.
(3) The minimum scheduled installments for the first 3 years of an FO must be the interest accrued on the principal balance. Interest-only installments may be permitted for additional years, if determined necessary by the Agency, to establish a new enterprise where production income is delayed, to develop a farm, or to recover from a disaster or economic reversal.
[72 FR 63298, Nov. 8, 2007, as amended at 79 FR 78693, Dec. 31, 2014; 81 FR 3293, Jan. 21, 2016; 89 FR 65040, Aug. 8, 2024]