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(c) Advance of loan funds. Loan funds are advanced on the basis of requisitions submitted by borrowers in accordance with the loan contract.

§ 200.3 Loans pursuant to section 201 of Rural Electrification Act.

(a) General. These loans are made for the purpose of financing the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish or improve telephone service in rural areas. Borrowers are required to provide a portion of the investment themselves. The loans must be self-liquidating within a period of not to exceed thirty-five years, bear interest at the rate of two per centum per annum, and must be reasonably secured in the judgment of the Administrator. The loans may be made to any type of commercial or nonprofit corporation now providing or who may hereafter provide telephone service in rural areas.

(b) Loan applications. Applications for these loans should be made on Form 490, copies of which are made available by REA on request. Applicants for an initial loan from the Rural Electrification Administration for the construction of a rural telephone system are assisted in perfecting their organization, in the conduct of their surveys, and in the preparation of loan applications. After the information provided by the application has been examined, the applicant is notified of any further steps to be taken. If an application is acceptable after legal, engineering, economic, and financial studies, funds are obligated by a loan contract and the borrower gives a note, mortgage, and, in some cases, other security.

(c) Construction. Under the loan agreements, REA reserves the right to approve the design and construction of the facilities, and to require progress reports on construction and audits of the borrower's records relating to construction.

(d) Advance of loan funds. Loan funds are advanced on the basis of requisitions submitted by borrowers in accordance with the loan contract.

§ 200.4 Studies, investigations, and reports.

Pursuant to section 2 of the act, the agency may make or cause to be made studies, investigations, and reports concerning the condition and progress of electrification and telephony in rural areas in the several States and territories and may publish and disseminate information with respect thereto.

§ 200.5 Loan security activities.

In carrying out the program of rural electrification and rural telephony provided by the act, and in the interest of loan security, the agency requires of borrowers periodic reports on operations, annual audits, etc., and provides limited specialized and technical accounting, engineering, and other managerial assistance to borrowers in respect to the construction and operation of their facilities, and to help them establish efficient and economical service in rural areas.

§ 200.6 Issuances implementing proce dure.

There are available from REA, upon request, (a) basic forms of loan agreements, and (b) bulletins issued from time to time which implement the loan agreements and the procedures set forth in this part.

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353 Processing loans to participate in group services.

354 Processing loans to associations.

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392

Sale of abstracts of title.

Watershed loans.

Loans to Indian, and permittees and lessees on Indian trust lands

SUBCHAPTER A-GENERAL REGULATIONS

PART 300-ADMINISTRATIVE
PROVISIONS

Subpart A-Effective Date of the Consolidated
Farmers Home Administration Act of 1961

Sec. 300.1

Effective date.

Subpart B-Delegations of Authority 300.11 General. 300.12 National Directors. State Office staff and County Office employees. Ratification.

Office staff and State

300.13

300.14

300.15 Effect on other regulations. Subpart A-Effective Date of the Consolidated Farmers Home Administration Act of 1961

§ 300.1

Effective date.

The Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), is hereby made effective on October 15, 1961, except (a) as to its authorizations

to make and sell insured loans with 42
percent yield to the lender and a three-
year repurchase agreement which was
made effective by regulations issued on
September 13, 1961 (26 F.R. 9307), pur-
suant to assignment of functions con-
tained in 26 F.R. 7888, and (b) that the
provision of Title IV of the Bankhead-
Jones Farm Tenant Act which requires
mineral reservations in lands disposed of
under Title III of that Act shall not be-
come effective until December 7, 1961.
(Sec. 341, 75 Stat. 318; Orders of Sec. of
Agr., 19 F.R. 74, 22 F.R. 8188, 26 F.R. 7888,
8403) [26 F.R. 10031, Oct. 26, 1961]
Subpart B-Delegations of Authority

AUTHORITY: §§ 300.11 to 300.15 issued
under sec. 116, Orders of Acting Sec. of Agri.,
Dec. 24, 1953, Oct. 10, 1957 (19 F.R. 74, 22
F.R. 8188), as amended.

SOURCE: $ 300.11 to 300.15 appear at 24 F.R. 7719, Sept. 25, 1959. Redesignated at 26 F.R. 10031, Oct. 26, 1961.

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The authorities contained in this part apply to all assets, functions, and programs now or hereafter administered or serviced by the Farmers Home Administration, including but not limited to those relating to indebtedness, security, and other assets obtained or contracted through the Secretary of Agriculture, Resettlement Administration, Farm Security Administration, Emergency Crop and Feed Loan Offices of the Farm Credit Administration, Soil Conservation Service in connection with water conservation and utilization projects, Puerto Rico Hurricane Relief Commission and successor agencies in connection with Puerto Rican hurricane relief loans to individuals, State Rural Rehabilitation Corporations, the United States of America or its officials as trustee of the assets of State Rural Rehabilitation Corporations, Regional Agricultural Credit Corporations, Defense Relocation Corporations, land leasing and purchasing associations, and other similar associations, corporations, and agencies, and whether the interest of the United States in the indebtedness, instrument of debt, security, security instrument, or other assets is that of obligee, owner, holder, insurer, assignee, mortgagee, beneficiary, trustee or other interest.

§ 300.12 National Office staff and State Directors.

The following officials of the Farmers Home Administration, in accordance with applicable laws, are severally authorized, for and on behalf of and in the name of the United States of America or the Farmers Home Administration, to do and perform all acts necessary in connection with making, insuring, servicing, and collecting loans, advances, and other indebtedness, and obtaining, servicing, and enforcing security and security instruments related thereto: the Deputy Administrator; each Assistant Administrator; each Deputy Assistant Administrator; the Director, National Finance Office; each Deputy Director, National Finance Office; the Director, Operating Loan Division; the Director, Real Estate Loan Division; the Director, Water Resources Loan Division; and each State Director within the area of his jurisdiction; and in the absence or disability of any such official, the person acting in his position; and the delegates of any such official. This authority includes but is not limited to authority to:

(a) Effect the assignment of, or the declaration of trust with respect to, insured security instruments to place them in trust with the United States of America as trustee for the benefit of any holder of the promissory note or bond secured by such security instrument.

(b) Acknowledge receipt of notice of sale or assignment of insured loans and security instruments.

(c) Appoint or request the appointment of substitute trustees in deeds of trust.

(d) Execute proofs of claim in bankruptcy, death, and other cases.

(e) Sell or otherwise dispose of real estate or interests therein, and execute and deliver quitclaim deeds, easements, right-of-way conveyances, and other instruments to effectuate such sale or disposition.

(f) Compromise, adjust, cancel, release, charge off, and liquidate indebtedness, including modification of contracts and other instruments.

(g) Consent to sale or assignment of, or sell or assign, direct or insured loans and security instruments, and execute any necessary assignments, endorsements, reinsurance agreements, or other instruments in connection therewith.

(h) Approve and accept transfers of security property or interests therein to the United States of America, and approve and consent to transfers of security property or interests therein to other parties.

(i) Accelerate and declare entire real estate indebtedness due and payable, foreclose or request foreclosure of real estate security instruments by exercise of power of sale or otherwise, and bid for and purchase at any foreclosure or other sale, or otherwise acquire real property pledged, mortgaged, conveyed, attached, or levied upon to collect indebtedness, and accept title to any property so purchased or acquired.

(j) Execute agreements to purchase or repurchase insured loans and security instruments.

(k) Request loan checks from lenders for loans to be insured, insure loans by execution of insurance endorsements, and endorse promissory notes in connection with insurance of loans.

(1) Execute, make, and deliver, or approve suspensions, releases or terminations of assignments of income, renewals, extensions, partial and full releases and satisfactions of security and personal or indemnity liability for indebtedness,

waivers, subordination agreements, severance agreements, affidavits, acknowledgments, certificates of residence, evidence of consent, and other instruments or documents.

(m) Require and accept further or additional security.

(n) Accelerate and declare entire chattel indebtedness due and payable, and foreclose or request foreclosure of chattel security instruments by exercise of power of sale or otherwise.

(0) Bid for and purchase at any foreclosure or other sale, or otherwise acquire personal property pledged, mortgaged, conveyed, attached, or levied upon to collect indebtedness, and accept title to any property so purchased or acquired.

(p) Take possession of, maintain, and operate security or acquired real or personal property or interests therein, sell or otherwise dispose of such personal property, and execute and deliver contracts, caretaker's agreements, leases, and other instruments in connection therewith, as appropriate.

(q) Execute proofs of loss on insurance contracts and endorse without recourse loss payment drafts and checks. (r) Issue, publish, and serve notices and other instruments.

(8) File or record instruments, whether separate instruments, or by making marginal entries, or by use of other methods permissible under State law.

§ 300.13 State Office staff and County Office employees.

The following officials and employees of the Farmers Home Administration, in accordance with applicable laws, for and on behalf of and in the name of the United States of America or the Farmers Home Administration, are also severally authorized within the area of their respective jurisdictions to perform the acts specified in paragraphs (k) to (s), both inclusive, of § 300.12: Chief, Program Operations; Chief, Real Estate Loans; Chief, Operating Loans; Program Loan Officer; Real Estate Loan Officer; and Operating Loan Officer; each Territorial Supervisor, County (including Parish) Supervisor, Assistant County Supervisor, Emergency Loan Supervisor, Assistant Emergency Loan Supervisor, or other supervisor or assistant supervisor; and in the absence or disability of any such employee, the person acting in his position.

§ 300.14 Ratification.

All deeds, releases, satisfactions, subordination agreements, severance agreements, consents, waivers, assignments, declarations of trust, and other instruments affecting title to real or personal property heretofore executed by officials or employees of the agencies or other entities referred to in § 300.11 to carry out any purpose authorized by law, incident to the administration of programs under the jurisdiction of said agencies or other entities, are hereby approved, confirmed, and ratified.

§ 300.15 Effect on other regulations.

This part supersedes the Administrator's Order of August 20, 1948 (13 F.R. 5139, 9377), but does not revoke or modify any other delegation or redelegation, instruction, procedure, or regulation issued by, or under authority of, the Administrator of the Farmers Home Administration.

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This part prescribes the policies and procedures for receiving and processing loan applications and for informing applicants and other interested individuals relative to the services of the Farmers Home Administration and credit available from other credit sources.

(a) The County Supervisor is responsible for seeing that all persons making inquiry about Farmers Home Administration services are given information relative to such services.

(b) Wherever the term "applicant" appears herein, it shall be construed to mean applicant family.

(c) Receiving and processing applications for subsequent Operating loans,

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