Form CCC-251 Notice of Assignment

     

     

     

     

     

     

     

     

     

FINANCIAL INSTITUTION

PERSON OR FIRM HOLDING A LIEN OR ENCUMBRANCE (Valid for CCC Contracts only.)

     

     

     

     

     

     

Form Approved - OMB No. 0560-0183

This form is available electronically.

See Page 2 for Privacy Act and Public Burden Statements.

CCC-251

U.S. DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

1. DATE OF NOTICE (MM-DD-YYYY)

(06-11-98)

NOTICE OF ASSIGNMENT

IMPORTANT: This document is used to make assignments for both the Commodity Credit Corporation (CCC) and the United States Department of Agriculture (USDA).

Assignments for the two Agencies are similar, but the rules governing them are not identical. Please make sure you know whether CCC or USDA is the agency named in the contract before completing this form.

2. CONTRACT MADE BY (Check one)

3. CONTRACT

Commodity Credit

Corporation

United States Department

Of Agriculture

CONTRACT NUMBER

DATE (MM-DD-YYYY)

4. RETURN TO (Name and address of addressee) (For CCC contracts, this is the USDA office to which invoices will be submitted for payment. For

USDA contracts, this the contracting officer.)

5. CONTRACT MADE WITH (Name and address of contractor and warehouse code, if applicable)

6. TYPE OF CONTRACT

7. INSTRUCTIONS:

Monies payable from the U.S. under a USDA or CCC contract may be assigned to a bank, trust company, federal lending agency, or other recognized lending institution. However, if such contract was made with a corporation whose stock is wholly owned by the federal government, such contract may be assigned to a prior lienholder, or, with the prior approval of the contracting officer, to an individual.

Further, the rights of the assignee to the proceeds of a USDA or CCC contract are subject to, inter alia, defenses arising under the contract which the government could have asserted against the assignor absent the assignment.

Unless expressly permitted by the contract, that any assignment shall cover all amounts payable under the contract and not already paid and shall not be made to more than one party, except that any assignment may be made to one party as agent or trustee for two or more parties participating in such financing. If the contract was made with CCC, it shall not be subject to further assignment.

Since such assignment shall be recognized only if and when the assignee thereof files written notice of the assignment, these instructions shall be followed carefully in order to avoid delay, inconvenience, and possible impairment of the validity of the assignment.

A. Upon execution of an assignment, the assignee shall prepare, sign and forward the original signed copy of this notice, together with the original signed copy of the

instrument of Assignment to the addressee. Photocopies of each executed form shall be sent to the surety or sureties upon the bond or bonds (if any) in connection

with the contract.

B. The addressee shall acknowledge receipt of this notice, if in order, in the space provided and return photocopies of each acknowledged form to the assignee.

C. It is the policy of CCC and USDA to notify the assignee of the amount of any indebtedness of the contractor which is to be collected by CCC or USDA by offset from

payments due under the contract. The assignee will generally receive such offset notice when receipted copies of the Notice of Assignment are returned to him or her.

Whenever the assignee is given an offset notice by CCC or USDA, the amounts payable under the contract will be the amounts remaining to be paid after offset.

D. CCC or USDA may offset any amounts for which the assignor is indebted to the United States for taxes with respect to which a notice of lien was filed, or a Notice of

Levy was served, in accordance with the provisions of the Internal Revenue Code of 1954 (26 U.S.C. 6323; 6331), prior to acknowledgement by CCC or USDA of

receipt of the notice of assignment.

E. Such assignment shall remain in force until addressee receives written advice from the assignee to release this assignment.

NOTE: Payment due or to become due under the contract identified above will be made to the undersigned assignee.

8. NAME AND ADDRESS OF ASSIGNEE (Please limit name to one line (30 spaces) and limit address to two lines (30 spaces each).

9A. STATUS OF ASSIGNEE AT TIME OF ASSIGNMENT (Check appropriate box)

PERSON OR FIRM NOT HOLDING A LIEN OR ENCUMBRANCE (Valid for CCC Contracts only. Assignee understands a valid assignment for all purposes in this case requires the contractor to obtain approval of the contracting officer or other designated official of CCC in writing before the assignment will be recognized by CCC.)

9B. BY (Name of Signing Officer for Assignee)

9C. TITLE

9D. DATE (MM-DD-YYYY)

10. ACKNOWLEDGMENT

Receipt is acknowledged of this notice and a signed copy of the above-mentioned instrument of assignment. Date and time of receipt is as follows:

10A. TIME

10B. DATE (MM-DD-YYYY)

10C. BY (Signature)

10D. TITLE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (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 to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

CCC-251 (Page 2) (06-11-98)

NOTE:

The following statement is made in accordance with the Privacy Act of 1974 (5 USC 552a) and the Paperwork Reduction Act of 1995, as amended. The authority for requesting the following information is the Food Security Act of 1985 (Pub. L. 99-198), as amended, and the regulations promulgated under 7 CFR Part 1400 for Payment Eligibility Review requirements. The information will be used to determine eligibility for program benefits and other financial assistance administered by USDA agencies. Furnishing the requested information is voluntary. Failure to furnish the requested information will result in a determination of ineligibility for certain program benefits and other financial assistance administered by USDA agencies. This information maybe provided to other agencies, IRS, Department of Justice or other State and Federal Law enforcement agencies and in response to a court magistrate or administrative tribunal. The provisions of criminal and civil fraud statutes, including 18 USC 286, 287, 371, 651, 1001, 15 USC 714m; and 31 USC 3729, may be applicable to the information provided.

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 0560-0183. 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.