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5 U.S.C. 301, 7 U.S.C. 1989, and 1981d(c).
72 FR 63316, Nov. 8, 2007, unless otherwise noted.
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(a) Conditions for approving deferrals. The Agency will only consider deferral of loan payments if:
(1) The borrower meets the loan servicing eligibility requirements in § 766.104;
(2) Rescheduling, consolidation, and reamortization of all the borrower's loans, will not result in a feasible plan with 110 percent debt service margin;
(3) The need for deferral is temporary; and
(4) The borrower develops feasible first-year deferral and post-deferral farm operating plans subject to the following:
(i) The deferral will not create excessive net cash reserves beyond that necessary to develop a feasible plan.
(ii) The Agency will consider a partial deferral if deferral of the total Agency payment would result in the borrower developing more cash availability than necessary to meet debt repayment obligations.
(b) Deferral period.
(1) The deferral term will not exceed 5 years and will be determined based on the post-deferral plan that results in the:
(i) Greatest improvement over the first year cash available to service FLP debt;
(ii) The shortest possible deferral period.
(2) The Agency will distribute interest accrued on the deferred principal portion of the loan equally to payments over the remaining loan term after the deferral period ends.
(c) Agency actions when borrower's repayment ability improves.
(1) If during the deferral period the borrower's repayment ability has increased to allow the borrower to make payments on the deferred loans, the borrower must make supplemental payments, as determined by the Agency. If the borrower agrees to make supplemental payments, but does not do so, the borrower will be considered to be in non-monetary default.
(2) If the Agency determines that the borrower's improved repayment ability will allow graduation, the Agency will require the borrower to graduate in accordance with part 765, subpart C of this chapter.
(d) Associated loan servicing.
(1) The Agency must cancel an existing deferral if the Agency approves any new primary loan servicing action.
(2) Loans deferred will also be serviced in accordance with §§ 766.107, 766.108 and 766.111, as appropriate.