§ 752 8 753 § 754 a national farm loan association, the loan com- Submission to land bank of loan application and report of association's committee; consideration of association's appraisal by bank.-The written report required in section 751 shall be submitted to the Federal land bank, together with the application for the loan, and the directors of said land bank shall examine said written report when they pass on the loan application which it accompanies, but they shall not be bound by said appraisal. (July 17, 1916, c. 245, § 10, 39 Stat. 369; April 20, 1920, c. 154, § 2, 41 Stat. 570.) Requirement for appraisal of land offered as security before making land bank loan.-Before any mortgage loan is made by any Federal land bank, or joint stock land bank, it shall refer the application and written report of the loan committee to one or more of the land bank appraisers appointed under the authority of section 656 of this chapter, and such appraiser or appraisers shall investigate and make a written report upon the land offered as security for said loan. No such loan shall be made by said land bank unless said written report is favorable. (July 17, 1916, c. 245, § 10, 39 Stat. 369.) Joint stock land banks prohibited from making farm loans after May 12, 1933, except such as are necessary and incidental to refinancing existing loans and to sale of acquired real estate. See $810 of this chapter. Forms for reports.-Forms for appraisal reports for farm loan associations and land banks shall be prescribed by the Farm Credit Administration. (July 17, 1916, c. 245, § 10, 39 Stat. 369; Mar. 27, 1933, Ex. Or. 6084.) "Farm Credit Administration" mentioned in the text was substituted for "Federal Farm Loan Board" pursuant to the Executive Order cited thereto, which is set out in full at the beginning of this chapter. 8 10 § 10 8 10 8 755 8 756 § 761 Examinations by land bank appraisers as to farm loan bonds and first mortgages.-Land bank appraisers shall make such examinations and appraisals and conduct such investigations, concerning farm loan bonds and first mortgages, as the Farm Credit Administration shall direct. (July 17, 1916, c. 245, § 10, 39 Stat. 369; Mar. 27, 1933, Ex. Or. 6084.) "Farm Credit Administration" mentioned in the text was substituted for "Federal Farm Loan Board" pursuant to the Executive Order cited thereto, which is set out in full at the beginning of this chapter. Borrower ineligible as land bank appraiser; association director or committeeman disqualified by interest in loan.-No borrower under this subchapter shall be eligible as an appraiser under this subdivision, but borrowers may act as members of a loan committee in any case where they are not personally interested in the loan under consideration. When any member of a loan committee or of a board of directors is interested, directly or indirectly, in a loan, a majority of the board of directors of any national farm loan association shall appoint a substitute to act in his place in passing upon such loan. (July 17, 1916, c. 245, § 10, 39 Stat. 369.) POWERS OF NATIONAL FARM LOAN ASSOCIATIONS Enumerated powers. Every national farm loan association shall have power: First. Indorsing mortgages. To indorse, and thereby become liable for the payment of, mortgages taken from its shareholders by the Federal land bank of its district. (July 17, 1916, c. 245, § 11, 39 Stat. 369.) Second. Receiving advances from banks and loaning to shareholders.-To receive from the Federal land bank of its district funds advanced by said land bank, and to deliver said funds to its shareholders on receipt of first mortgages qualified under section 771 of this chapter. (July 17, 1916, c. 245, § 11, 39 Stat. 369.) Third. Fixing charges for applications for loans. To fix reasonable initial charges to be made against applicants for loans and to borrowers in order to meet the necessary expenses of the association: Provided, That such charges shall not exceed amounts to be fixed by the Farm Credit Administration, and shall in no case exceed 1 per centum 8 10 § 10 § 11 of the amount of the loan applied for; to acquire Fourth. Issuing interest-bearing certificates against National farm loan associations authorized to make their services and facilities available to Land Bank Commissioner to aid in administering subchapter II of this chapter. See § 1018 of this chapter. "Farm Credit Administration" mentioned in the text was substituted for "Farm Loan Board" pursuant to the Executive Order cited thereto, which is set out fn full at the beginning of this chapter. 8 771 RESTRICTIONS ON LOANS OF FEDERAL LAND Restrictions enumerated. - No Federal land bank organized under this chapter shall make loans except upon the following terms and conditions: First. Security by first mortgage.-Said loans shall be secured by duly recorded first mortgages on farm land within the land bank district in which the bank is situated. (July 17, 1916, c. 245, § 12, 39 Stat. 370.) Second. Agreement for repayment on amortization plan.-Every such mortgage shall contain an agreement providing for the repayment of the loan on an amortization plan by means of a fixed number of annual or semiannual installments sufficient to cover, first, a charge on the loan at a rate not exceeding the interest rate in the last series of farm loan bonds issued by the land bank making the loan; second, a charge for administration and profits at a rate not exceeding, except with the approval of the Governor of the Farm Credit Administration, 1 per centum per annum on the unpaid principal, said two rates combined constituting the interest rate on the mortgage; and, third, such amounts to be applied on the principal as will ex § 12 2 8 771 tinguish the debt within an agreed period, not less Third. Maximum interest rate.-No loan on Fourth. Purposes of loans enumerated.-Such loans may be made for the following purposes and for no other: (a) To provide for the purchase of land for agricultural uses. (b) To provide for the purchase of equipment, fertilizers, and livestock necessary for the proper and reasonable operation of the mortgaged farm; the term "equipment" to be defined by the Farm Credit Administration. (c) To provide buildings and for the improvement of farm lands; the term "improvement" to be defined by the Farm Credit Administration. (d) To liquidate indebtedness of the owner of the land mortgaged incurred for agricultural purposes, or incurred prior to January 1, 1933. (e) To provide the owner of the land mortgaged with funds for general agricultural uses. (July 17, 1916, c. 245, § 12, 39 Stat. 370; Apr. 20, 1920, c. 154, 84, 41 Stat. 570; Mar. 4, 1923, c. 252, § 306, 42 Stat. 1476; Mar. 4, 1933, c. 270, § 2, 47 Stat. 1547; Mar. 27, 1933, Ex. Or. 6084.) Fifth. Limitation on amount of loans; appraisal; reappraisal. No such loan shall exceed 50 per centum of the value of the land mortgaged and 20 per centum of the value of the permanent, insured improvements thereon, said value to be ascertained by appraisal, as provided in sections 751-756 of 8 12 § 771 this chapter. In making said appraisal the value In making loans to owners of groves and A reappraisal may be permitted at any time in Sixth. Restrictions on eligibility for loans; assumption of mortgage and stock interests by purchaser of land or heir.-No such loan shall be made to any person who is not at the time, or shortly to become, engaged in farming operations or to any other person unless the principal part of his income is derived from farming operations. In case of the sale of the mortgaged land, the Federal land bank may permit said mortgage and the stock interests of the vendor to be assumed by the purchaser. In case of the death of the mortgagor, his heir or heirs, or his legal representative or representatives, shall have the option, within sixty days of such death, to 8 12 |