§ 764.106 Exceptions to security requirements.

Notwithstanding any other provision of this part, the Agency will not take a security interest: (a) When adequate security is otherwise available and the lien will prevent the applicant from obtaining credit from other sources; (b) When the property could have significant environmental problems or costs as described in part 799 of this chapter; (c) When the Agency cannot obtain a valid lien; (d) Unless the applicant provides a written request for an exemption, when the property includes the primary personal residence and appurtenances of the applicant or any entity member(s) and: (1) They are located on a separate parcel of up to the greater of 10 acres or the minimum size that meets all State and local requirements for a division into a separate legal lot; and (2) The security requirements of § 764.103(b) can be satisfied without the use of the primary personal residence and appurtenances; (e) When the property is subsistence livestock, cash, working capital accounts the applicant uses for the farming operation, retirement accounts, education savings accounts, personal vehicles necessary for family living, household contents, or small equipment such as hand tools and lawn mowers; or (f) On marginal land and timber that secures an outstanding ST loan.