CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER VII—FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE (parts 700 to 799) > SUBCHAPTER D—SPECIAL PROGRAMS (parts 750 to 786) > PART 765—DIRECT LOAN SERVICING—REGULAR > SUBPART H—Partial Release of Real Estate Security (§765.351 to §765.354-765.400) > 765.352—Use of proceeds.

765.352—Use of proceeds.

(a) Proceeds from transactions affecting the real estate security may only be used as follows:
(1) Applied on liens in order of priority;
(2) To pay customary costs appropriate to the transaction, which meet the following conditions:
(i) Are reasonable in amount;
(ii) Cannot be paid by the borrower;
(iii) Will not be paid by the purchaser;
(iv) Must be paid to consummate the transaction; and
(v) May include postage and insurance when it is necessary for the Agency to present the promissory note to the recorder to obtain a release of a portion of the real estate from the mortgage.
(3) For development or enlargement of real estate owned by the borrower as follows:
(i) Development or enlargement must be necessary to improve the borrower's debt repayment ability, place the borrower's farming operation on a sound basis, or otherwise enhance the objectives of the loan;
(ii) Such use will not conflict with the loan purposes, restrictions or requirements of the type of loan involved;
(iii) Funds will be deposited in a supervised bank account in accordance with subpart B of part 761 of this chapter ;
(iv) The Agency has, or will obtain, a lien on the real estate developed or enlarged;
(v) Construction and development will be completed in accordance with § 761.10 of this chapter.
(b) After acceleration, the Agency may approve transactions only when all the proceeds will be applied to the liens against the security in the order of their priority, after deducting customary costs appropriate to the transaction. Such approval will not cancel or delay liquidation, unless all loan defaults are otherwise cured.