Sec. 03.10.030. Limitations on loans.

780 words·~4 min read·/ak/title-3/chapter-10/03-10-030·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A farm development, chattel, or irrigation loan made under this chapter

(1)may not exceed a term of 30 years, except that a chattel loan may not exceed a term of seven years;

(2)may not, when added to the outstanding balance of other loans made under this chapter, exceed a total outstanding balance of $3,000,000, adjusted annually for inflation on July 1 of each year based on the percentage increase in the Consumer Price Index for all urban consumers for urban Alaska during the previous calendar year, as determined by the United States Department of Labor, Bureau of Labor Statistics;

(3)shall be secured by a real estate or chattel mortgage of any priority, except that the portion of a loan that exceeds $500,000, when added to prior indebtedness that is secured by the same property, must be secured by a first mortgage;

(4)shall bear interest at a fixed rate comparable to that charged by other agricultural lending institutions in the state for loans similar to those referred to in this subsection.

(b)[Repealed, § 72 ch 113 SLA 1982.]

(c)[See delayed amendment note.] A short-term loan, to be amortized within one year, not to exceed $350,000 to any one borrower may be made for operating purposes, except that a loan made under this subsection may not exceed $200,000 unless the loan is made to a borrower in a farm disaster area declared under AS 03.10.058 . The loan shall bear interest at a fixed rate comparable to that charged by other agricultural lending institutions in the state for loans similar to those referred to in this subsection. An applicant for a short-term loan may be required to purchase insurance through the Federal Crop Insurance Act (7 U.S.C. 1501 — 1520) as a condition of the loan. The term of a loan made under this subsection may be extended for up to three years by the Board of Agriculture and Conservation, in the discretion of the board, upon application by the borrower.

(d)[Repealed, § 72 ch 113 SLA 1982.]

(e)An installment payment is delinquent unless it is received by the Board of Agriculture and Conservation or the director of the board on or before the 30th day after the date specified for payment in the loan agreement. If an installment payment is delinquent, the director of the board may assess a delinquency penalty.

(f)A farm product processing loan may not exceed $500,000. A mortgage that secures a farm product processing loan may be of any priority if the total indebtedness on the real estate, including the secured farm product processing loan, does not exceed $500,000. A farm product processing loan that, if made, would raise the existing indebtedness on the real estate securing the loan above $500,000, or a farm product processing loan on real estate that has a prior indebtedness of $500,000 or more, may be made only if all prior mortgagees agree to subordinate their mortgages to that of the state for the amount of the farm product processing loan that exceeds the $500,000 indebtedness limit on the real estate. A farm product processing loan may not exceed a term of 30 years or bear interest at a rate that is less than a fixed rate comparable to that charged by other agricultural lending institutions in the state for similar loans, and shall be secured by a real estate or chattel mortgage or both.

(g)[See delayed amendment note.] A loan for clearing land may not

(1)exceed $250,000;

(2)bear interest at a rate that is less than a fixed rate comparable to that charged by other agricultural lending institutions in the state for similar loans;

(3)have a term in excess of 20 years; or

(4)be made for clearing land other than land that has been classified by the United States Department of Agriculture, Natural Resources Conservation Service, under the Land Capability Classification System as having agricultural potential for the production of annual crops or hay, or for pasture.

(h)The Board of Agriculture and Conservation shall adopt regulations to establish other terms for loans made under this chapter, consistent with the provisions of this section, and may establish interest rates for loans under (a)(4) of this section that

(1)encourage agricultural development;

(2)do not subsidize nonviable agricultural enterprises; and

(3)do not discriminate against viable existing agricultural enterprises.

(i)A person is not eligible for a loan under this chapter if the person has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application.