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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) The Agency will amortize the recapture into a Shared Appreciation Payment Agreement provided the borrower:
(1) Has not ceased farming and the borrower's account has not been accelerated;
(2) Provides a complete application in accordance with § 764.51(b), by the recapture due date or within 60 days of Agency notification of the amount of recapture due, whichever is later;
(3) Is unable to pay the recapture and cannot obtain funds from any other source;
(4) Develops a feasible plan that includes repayment of the shared appreciation amount;
(5) Provides a lien on all assets, except those listed in § 766.112(b); and
(6) Signs loan agreements and security instruments as required.
(b) If the borrower later becomes delinquent or financially distressed, reamortization of the Shared Appreciation Payment Agreement can be considered under subpart C of this part.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.766.204 Amortization of recapture - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-766-204/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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