[Code of Federal Regulations] [Title 7, Volume 14] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1951.221] [Page 44-45] TITLE 7--AGRICULTURE CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS--COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE (CONTINUED) PART 1951--SERVICING AND COLLECTIONS--Table of Contents Subpart E--Servicing of Community and Direct Business Programs Loans and Grants Sec. 1951.221 Collections, payments and refunds. Collections are processed in accordance with subpart B of part 1951 of this chapter. Payments and refunds are handled in accordance with the following: (a) Community and Insured Business Programs. (1) Field offices can obtain data on principal installments due for Community and Insured Business Programs loans with unamortized installments using the borrower status screen option in the ADPS. (2) Regular payments for Community and Insured Business Programs borrowers are all payments other than extra payments and refunds. Such payments are usually derived from facility revenues, and do not include proceeds from the sale of security. They also include payments derived from sources which do not decrease the value of FmHA or its successor agency under Public Law 103-354's security. (i) Distribution of such payments is made as follows: (A) First, to the FmHA or its successor agency under Public Law 103- 354 loan(s) in proportion to the delinquency existing on each. Any excess will be distributed in accordance with paragraphs (a)(2)(i) (B) and (C) of this section. (B) Second, to the FmHA or its successor agency under Public Law 103-354 loan or loans in proportion to the approximate amounts due on each. Any excess will be distributed according to paragraph (a)(2)(i)(C) of this section. (C) Third, as advance payments on FmHA or its successor agency under Public Law 103-354 loans. In making such distributions, consider the principal balance outstanding on each loan, the security position of the liens securing each loan, the borrower's request, and related circumstances. (ii) Unless otherwise established by the debt instrument, regular payments will be applied as follows: (A) For amortized loans, first to interest accrued (as of the date of receipt of the payment), and then to principal. (B) For principal-plus-interest loans, first to the interest due through the date of the next scheduled installment of principal and interest and then to principal due, with any balance applied to the next scheduled principal installment. (3) Extra payments are derived from sale of basic chattel or real estate security; refund of unused loan funds; cash proceeds of property insurance as provided in Sec. 1806.5(b) of subpart A of part 1806 (paragraph V B of FmHA or its successor agency under Public Law 103-354 Instruction 426.1); and similar actions which reduce the value of basic security. At the option of the borrower, regular facility revenue may also be used as extra payments when regular payments are current. Unless otherwise established in the note or bond, extra payments will be distributed and applied as follows: (i) First to the account secured by the lowest priority of lien on the property from which the extra payment was obtained. Any balance will be applied to other FmHA or its successor agency under Public Law 103- 354 loans in ascending order of priority. (ii) For amortized loans, first to interest accrued to the date payment is received, and then to principal. For debt instruments with installments of principal plus interest, such payments will be applied to the final unpaid principal installment. (b) Grazing Association Loans, Irrigation, Drainage and other Soil and Water Conservation Loans. (1) Regular payments for such loans are defined in [[Page 45]] Sec. 1951.8(a) of subpart A of part 1951 of this chapter, and are distributed according to Sec. 1951.9(a) of that subpart unless otherwise established by the note or bond. (2) Extra payments are defined in Sec. 1951.8(b) of subpart A of part 1951 of this chapter, and are distributed according to Sec. 1951.9(b) of that subpart. [55 FR 4399, Feb. 8, 1990, as amended at 66 FR 1569, Jan. 9, 2001]