[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1421.110] [Page 445-446] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1421_GRAINS AND SIMILARLY HANDLED COMMODITIES_MARKETING ASSISTANCE LOANS Subpart B_Marketing Assistance Loans Sec. 1421.110 Repayments. (a) CCC may allow a producer to repay a nonrecourse marketing assistance loan at a rate that is the lesser of: (1) The loan rate and charges, plus interest determined for a crop; or (2) The prevailing world market price, as determined by CCC, for rice or the alternative repayment rate for all other commodities, as determined by CCC. (b)(1) On a form prescribed by CCC, a producer may request to lock in the applicable repayment rate for a period of: (i) 60 calendar days; or (ii) not less than 14 calendar days before the maturity date of the loan, but not both. (2) The request to lock in the applicable repayment rate must be received in the FSA county service center that disbursed the loan. (3) The repayment rate that is locked in is the rate in effect when the request to lock in is approved. (4) The repayment rate may be locked in on outstanding farm-stored or warehouse-stored loans. (5) The repayment rate that is locked in will expire the earlier of: (i) 60 calendar days from date of approval, or; (ii) 14 calendar days before loan maturity. (6) The requests can only be completed one time for a designated quantity. (7) The requests can be made in person or by facsimile. (8) The requests cannot be canceled, terminated, or changed after approval. (9) The locked-in applicable repayment rate will not transfer to any loan disbursed outside of the originating county where the commodity was stored. (10) Once a repayment rate is locked in it cannot be extended. (c) If a producer fails to repay a marketing assistance loan within the time prescribed by CCC under the terms and conditions of the request to lock in a market loan repayment rate, the producer may repay the loan: (1) On or before maturity, at the lesser of: (i) Principal plus interest as determined by CCC; (ii) The repayment rate in effect on the day the repayment is received in the FSA county service center. (2) After maturity at principal plus interest. (d) When the proceeds of the sale of the commodity are needed to repay all or a part of a farm-stored loan, the producer must request and obtain prior written approval on a CCC approved form and comply with the terms and conditions of such form, to remove a specified quantity of the commodity from storage. Approval does not constitute release of CCC's security interest in the commodity or release of producer liability for amounts due CCC for the marketing assistance loan indebtedness if payment in full is not received by the county office. Failure to repay a marketing assistance loan within the time period prescribed by CCC in the case of a farm-stored loan and delivery of the pledged collateral to a buyer, is a violation of the agreement. In the case of such violation, the producer must repay the loan principal and interest or another amount as determined by the Deputy Administrator, FSA, under Sec. 1421.109. (e) The producer may obtain county committee approval of a release of all [[Page 446]] or part of pledged collateral for a warehouse-stored loan at or before the maturity of such loan by paying to CCC: (1) The principal amount of the marketing assistance loan and charges plus interest, or (2) An amount less than the principal amount of the marketing assistance loan and charges plus interest under the terms and conditions specified by CCC at the time the producer redeems the collateral for such loan. (f) A partial release of marketing assistance loan collateral must cover all of the commodity represented by one warehouse receipt. Warehouse receipts redeemed by repayment of the marketing assistance loan shall be released only to the producer. However, such receipt may be released to persons designated in a written authorization that is filed with the county office by the producer within 15 days before the date of repayment. (g) The note and security agreement shall not be released until the marketing assistance loan has been satisfied in full. (h)(1) If the commodity is moved from storage without obtaining prior approval to move such commodity, such removal shall constitute unauthorized removal or disposition, as applicable under Sec. 1421.109(b), unless the removal occurred on a non-workday and the producer notified the county office on the next workday of such removal. (2) Any loan quantities involved in a violation of Sec. 1421.109 must be repaid under Sec. 1421.109(e).