Regulations last checked for updates: May 17, 2024

Title 7 - Agriculture last revised: Nov 16, 2024
§ 766.201 - Shared Appreciation Agreement.

(a) When a SAA is required. The Agency requires a borrower to enter into a SAA with the Agency covering all real estate security when the borrower:

(1) Owns any real estate that serves or will serve as loan security; and

(2) Accepts a writedown in accordance with § 766.111.

(b) When SAA is due. The borrower must repay the calculated amount of shared appreciation after a term of 5 years from the date of the writedown, or earlier if:

(1) The borrower sells or conveys all or a portion of the Agency's real estate security, unless real estate is conveyed upon the death of a borrower to a spouse who will continue farming;

(2) The borrower repays or satisfies all FLP loans;

(3) The borrower ceases farming; or

(4) The Agency accelerates the borrower's loans.

authority: 5 U.S.C. 301,7.S.C. 1989, and 1981d(c)
source: 72 FR 63316, Nov. 8, 2007, unless otherwise noted.
cite as: 7 CFR 766.201