If the borrower is delinquent prior to restructuring, the borrower, and all entity members in the case of an entity, must execute and provide to the Agency a lien on all of their assets, except as provided in paragraph (b) of this section, when the Agency is servicing a loan.
The Agency will take the best lien obtainable on all assets the borrower owns, except:
When taking a lien on such property will prevent the borrower from obtaining credit from other sources;
When the property could have significant environmental problems or costs as described in subpart G of 7 CFR part 1940;
When the Agency cannot obtain a valid lien;
When the property is subsistence livestock, cash, special collateral accounts the borrower uses for the farming operation, retirement accounts, personal vehicles necessary for family living, household contents, or small equipment such as hand tools and lawn mowers; or
When a contractor holds title to a livestock or crop enterprise, or the borrower manages the enterprise under a share lease or share agreement.
At 81 FR 51285, Aug. 3, 2016, § 766.112, in paragraph (a)(6), the words “subpart G of 7 CFR part 1940” were removed and the words “part 799 of this chapter” were added in their place. However, paragraph (b)(3)(ii) does not exist, and this amendment could not be incorporated.
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