§ 764.255 Security requirements.

An OL loan must be secured: (a) In accordance with §§ 764.103 through 764.106. (b) Except for MLs or OLs made for the purpose of minor real estate repairs or improvements, by a: (1) First lien on all property or products acquired or produced with loan funds; (2) Lien of equal or higher position of that held by the creditor being refinanced with loan funds. (c) For MLs used for OL purposes: (1) For annual operating purposes, loans must be secured by a first lien on farm property or products having a security value of at least 100 percent of the loan amount. (2) For loans made for purposes other than annual operating purposes or for the purpose of minor real estate repairs or improvements, loans must be secured by a first lien on farm property or products purchased with loan funds and having a security value of at least 100 percent of the loan amount. (3) A lien on real estate is not required unless the value of the farm products, farm property, and other assets available to secure the loan is not at least equal to 100 percent of the loan amount. (4) Notwithstanding the provisions of paragraphs (c)(1), (c)(2), and (c)(3) of this section, FSA will not require a lien on a personal residence. (d) For OLs made for the purpose of minor real estate repairs or improvements, the Agency must obtain a lien on the real estate repaired or improved in accordance with the requirements of § 764.104, while also ensuring the provisions of § 764.103(b) requiring adequate security are satisfied.