Title 7
SECTION 3560.309
3560.309 Advancement (loan) of funds to a RRH project by the owner, member of the organization, or agent of the owner.
§ 3560.309 Advancement (loan) of funds to a RRH project by the owner, member of the organization, or agent of the owner.(a) Prior written approval by the Servicing Office is required. Such advances may be authorized when justified by unusual short-term conditions. When conditions are not short-term in nature, a servicing plan may be developed and advances may be approved in accordance with the provisions set out in § 3560.453 of this part. Justification will be based on the following:
(1) A review of the documented circumstances and the project operating budget before any funds are advanced (loaned). The financial position of the project must not be jeopardized.
(2) Funds are not immediately available from any of the following sources:
(i) Reserve funds;
(ii) Initial operating capital; and
(iii) An imminent rent increase.
(b) The funds will be applied to ordinary project operating and maintenance expenses.
(c) Interest may be charged or paid on the loan from project income; however, interest must be reasonable. The proposal may be denied if Rural Development financing can be provided to resolve the problem in a more cost-effective manner.
(d) No lien in connection with the loan will be filed against the property securing the Rural Development loan or against project income. The advance may show as an unsecured project liability on financial statements prepared for year-end reports until such time as it is authorized to be repaid.
(e) The payback of the advance (loan) may be permitted by the Servicing Official provided the terms and conditions were mutually agreed to by the borrower and Rural Development at the time of the advance and the financial position of the project will not be jeopardized. Payback should only be permitted on the advance when the Rural Development debt is current and the reserve requirements are being maintained at the authorized levels.