FSA-2319 Agreement with prior lienholder

Farm Loan Programs - Direct Loan Making

FSA-2319

Farm Loan Programs - Direct Loan Making

OMB: 0560-0237

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Form Approved - OMB No. 0560-XXXX
U.S. DEPARTMENT OF AGRICULTURE
Farm Service Agency

FSA-2319
(Proposal 5)

Position 5

AGREEMENT WITH PRIOR LIENHOLDER
See Page 2 for the Privacy Act and Public Burden Statements.

1. WHEREAS (a)
(Mortgagee) is the holder of a certain (b)
(Security Instrument) recorded in Book No. (c)
of the (e)
County;

Page (d)

,

Records of (f)

2. WHEREAS
(Mortgagor) is the owner of certain real estate described in the above listed security instrument; and
3. WHEREAS, Mortgagor has applied to the United States of America, United States Department of Agriculture, acting
through the Farm Service Agency (Government), for a loan for the purpose of improving or purchasing and improving the real
estate, to be secured by a mortgage, deed of trust, or other security instrument that will be subject to the Security Instrument held
by or for the benefit of Mortgagee;
4. THEREFORE, in consideration of the making of the loan by the Government, Mortgagee, for Mortgagee's self, heirs,
executors, administrators, successors, and assigns does hereby agree:
(a) That the Mortgagee will not declare the Security Instrument to be in default and the indebtedness secured thereby will not be
accelerated unless prior written notice has been provided to the Government by certified mail not less than (1)
days of the intended action, at the following address:
(2 )

(b) That the Government may, at its option cure any monetary default by paying the amount of the Mortgagor's delinquent
payments to the Mortgagee, or pay the obligation in full and the Mortgagee will assign the lien to FSA.
(c) That should the Government commence liquidation proceedings and thereafter acquire the real estate covered by the Security
Instrument, the Mortgagee will not declare the Security Instrument to be in non-monetary default.
(d) That to the extent the Security Instrument secures future advances, which have priority over the Government's security
instrument, no advances for purposes other than taxes, insurance or payment on other prior liens will be made under any future
advance feature of the Mortgagee's Security Instrument without the written consent of the Government.

Page 2 of 2

FSA-2319 (Proposal 5)

(e) That this agreement includes consent to the Government for making or transferring loans and taking or retaining the related
mortgage notwithstanding any provision of the Mortgage which prohibits a loan, mortgage or transfer without the Mortgagee's
consent; and
(f) That should the Government obtain title to the property either by foreclosure or voluntary conveyance, the Mortgagee will
grant consent so the Government may transfer the property subject to the prior lien notwithstanding any prohibition in the
Mortgagee's security instrument to the contrary.

5. IN WITNESS WHEREOF, Mortgagee has executed this Agreement by signing on the (a)
of(b)
, (c) 20
.

BY

(d)

TITLE

(e)

day

6. ACKNOWLEDGMENT

NOTE: The following statements are made in accordance with the Privacy Act of 1974 (5 USC 552a): the Farm Service Agency (FSA) is authorized
by the Consolidated Farm and Rural Development Act, as amended (7 USC 1921 et seq.), or other Acts, and the regulations promulgated
thereunder, to solicit the information requested on its application forms. The information requested is necessary for FSA to determine
eligibility for credit or other financial assistance, service your loan, and conduct statistical analyses. Supplied information may be furnished to
other Department of Agriculture agencies, the Internal Revenue Service, the Department of Justice or other law enforcement agencies, the
Department of Defense, the Department of Housing and Urban Development, the Department of Labor, the United States Postal Service, or
other Federal, State, or local agencies as required or permitted by law. In addition, information may be referred to interested parties under
the Freedom of Information Act, to financial consultants, advisors, lending institutions, packagers, agents, and private or commercial credit
sources, to collection or servicing contractors, to credit reporting agencies, to private attorneys under contract with FSA or the Department of
Justice, to business firms in the trade area that buy chattel or crops or sell them for commission, to Members of Congress or Congressional
staff members, or to courts or adjudicative bodies. Disclosure of the information requested is voluntary. However, failure to disclose certain
items of information requested, including Social Security Number or Federal Tax Identification Number, may result in a delay in the
processing of an application or its rejection.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0560-XXXX. The time required to complete this information collection is estimated to average 10 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFICE.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability,
political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D. C. 20250-9410 or call (202)
720-5964 (voice or TDD). USDA is an equal opportunity provider and employer.


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