348.210. Eligibility for guarantees for loans — rules — terms, conditions.

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348.210. Eligibility for guarantees for loans — rules — terms, conditions. — 1. Persons eligible for guarantees for loans under the provisions of sections 348.185 to 348.225 are individuals engaged in farming operations as defined in section 348.015 , who intend to use the proceeds from the loan to finance breeding or feeder livestock, including the purchase of additional or replacement livestock, land, buildings, facilities, equipment, machinery, and animal waste facilities used to produce poultry, hogs, beef, or dairy cattle, or other animals and who are seeking a loan or loans to finance not more than ninety percent of the anticipated cost.

2. The authority shall adopt and promulgate regulations establishing eligibility under the provisions of sections 348.185 to 348.225 , taking into consideration the individual's ability to repay the loan, the general economic conditions of the area in which the individual will be located, the prospect of success of the particular facility for which the loan is sought and such other factors as the authority may establish. The eligibility of any person for a loan guarantee under the provisions of sections 348.185 to 348.225 shall not be determined or otherwise affected by any consideration of that person's race, religion, sex, creed, color, or location of residence.

The authority may also provide for:

(1)The requirement or nonrequirement of security or endorsement and the nature thereof;

(2)The manner and time of repayment of the principal and interest;

(3)The maximum rate of interest;

(4)The right of the borrower to accelerate payments without penalty;

(5)The amount of the guaranty charge;

(6)The effective period of the guaranty;

(7)The percent of the loan, not to exceed fifty percent, covered by the guaranty;

(8)The assignability of loans by the lender;

(9)Procedures in event of default by the borrower;

(10)The due diligence effort on the part of lenders for collection of guaranteed loans;

(11)Collection assistance to be provided to lenders; and

(12)The extension of the guaranty in consideration of duty in the Armed Forces, unemployment, natural disasters, or other hardships.

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(L. 1994 H.B. 1248 & 1048, A.L. 2003 H.B. 464 merged with S.B. 388)