(1) Loans to beginning farmers/ranchers involve
the financial institution, beginning farmer/rancher, and the authority. The
program involves either the sale of the individual industrial development
bonds, to individual financial institutions or a public bond sale to provide
funds for an aggregation of loans.
(2) The authority will make the loan to the eligible
beginning farmer/rancher and the financial institution will purchase the bond
as an investment or the loan will be made from a portion of an aggregate bond
sale. To facilitate the servicing of the loan the financial institution and
the authority will enter into an agency relationship whereby the financial
institution agrees to act as agent and fiduciary for the authority for all
purposes in connection with servicing the loan.
(3) The financial institution will make its own
security evaluation of the loan and the beginning farmer's/rancher's ability to
repay principal and interest payments. The interest rate and other conditions
of the loan are set by the financial institution. The interest rate may be
either variable or fixed for the term of the loan as long as the method for
determining the rate is contained in the loan agreement and the rate is
reasonable as determined by the authority.
(4) In no case may the loan repayment period (term) exceed 30 years. The principal and interest shall be limited obligations,
payable solely out of the revenue derived from the debt obligation, collateral,
or other security furnished by or on the behalf of the beginning farmer/rancher
(a co-signer on the note is permissible) .
(5) The bond which is issued by the authority is
a non-recourse obligation. The
principal and interest on the bond do not constitute an indebtedness of the
authority or a charge against its general credit or general fund. It should also
be noted that any recording or filing fees associated with the loan will be
paid by the beginning farmer/rancher or financial institution not the
authority.