4281-12 Assignment Guarantee Agreement

Food Supply Chain Guarantee Loan Program

FMI 4281-12 Assignment Guarantee Agreement

Food Supply Chain Guarantee Loan Program

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Instructions for RD 4281-12


ASSIGNMENT GUARANTEE AGREEMENT

The lender uses this form to assign or sell all or part of the guaranteed portion of a loan.

An Assignment Guarantee Agreement should be issued for each guaranteed note the lender wishes to sell or assign.





If a loan is subsequently sold or assigned the Agency must be notified using any format, including that used by the Securities Industry and Financial Markets Association. The original Assignment Guarantee Agreement must be transferred to the new holder.


Lenders must complete all items identified in the following table.



Blanks on the form are unnumbered; however, they are numbered in the below table from left to right on each line and then by line from top to bottom of each page. There are three examples following the instruction language on the completion of the table and the paragraph immediately following the table.



Fld Name / Item No.


Instruction

Program

Indicate the applicable program

USDA’s Borrower Unique Entity Identifier

Enter the USDA’s Borrower Unique Entity Identifier which is either the GLS or CPAP borrower ID number as

appropriate.

Line 1.

Enter the name of the lender

Line 2.

Enter the name of the borrower

Line 3.

Enter the principal amount of the loan

Line 4.

Enter the date the Promissory Note(s) were executed

Line 5.

Enter the percent of loan guarantee. Example: 80%.


Line 6.

Enter the dollar amount that equals the guaranteed portion of the loan(s). Example: For a $2,000,000 loan with an 80%

guarantee, enter $1,600,000

Line 7.

Enter the total number of notes issued for the project

Table

Use the plus and minus signs to add or remove lines as needed from the table to provide one line to describe each promissory note (with the information in the next to be covered by this Assignment Guarantee Agreement.. The total number of lines in the table should equal the entry made in line 7 above.


Table - Lender’s Identifying Loan Number

Enter the lender assigned number associated with each individual loan to the borrower

Table - Lender's Identifying Promissory Note Number

Enter the lender assigned promissory note number.

Table -Face Amount

Enter the face amount (amount stated on note that borrower is obligated to pay)

Table - Percent of Guarantee

Enter the percent of the loan guarantee.








Table - Amount Guaranteed

Face amount times percent of guarantee

Table - Total – Face Amount of Note

Add all “face amount of note(s)” and enter total. Total should equal “principal amount of loan” noted in Line 3

above

Table -Total – Amount Guaranteed

Add all “amount(s) guaranteed” and enter total. Total should equal entry in Line 6 above



Line 8.

Enter the Holder’s name

Line 9.

Enter the percent of the guaranteed loan the holder desires to

purchase

Line 10.

Enter the Promissory Note Number of the subject assignment

Item 1.

Enter the principal amount of the loan now outstanding

Item 1a.

Enter the percent of the guaranteed portion of the Promissory

Note the lender assigns the holder (Should match entry in Line 9 above)

Item 1b.

Enter the dollar amount that equals the guaranteed portion of the loan assigned to holder

Item 2.

Read Only

Item 3. Servicing Fee

Enter the percent of the annual servicing fee the holder

agrees the lender will retain

Item 4.

Read Only

Item 5.

Read Only

Item 6.

Read Only

Item 7.

Read Only

Item 8.

Read Only

Item 9.

Read Only

Item 10.

Read Only

Item 11.

Read Only

Item 12.

Read Only



Item 13: Line 1

Enter RBCS

Item 13: Line 2

Enter State in which the USDA Agency is initiating notices.

Item 13: Line 3

Enter the mailing address for Agency correspondence

related to the Assignment Guarantee Agreement (Typically, the state office address is used)

Date

Enter the date this agreement is signed

By

Enter the name of the USDA approval official authorized to sign the Assignment Guarantee Agreement






Title

Enter the title of the USDA approval official authorized to sign the Assignment Guarantee Agreement

Lender

Enter the name of the lender

Address

Enter the address of the lender

By

Enter the lender representative Signature required

Title

Enter the title of the lender representative

Holder

Enter the name of the holder

Address

Enter the address of the holder

By

Enter the holder’s signature

Title

Enter the holder’s title


Example 1 (partial):

The lender closed the loan using a single. 100% of note #0002021001 in the face amount of

$2,000,000, with an 80% USDA guarantee is being assigned to LMN Financial.


Add/ Remove

Lender’s Identifying Note Number

Face Amount

Percent of Total Loan Amount

Amount Guaranteed


00020210001

$2,000,000.00

80%

$1,600,000

Total:


$2,000,000.00


$1,600,000


LMN Financial (Holder) desires to purchase from Lender 100 percent of the

guaranteed portion of Promissory Note Number 00020210001. Copies of Borrower’s Promissory Note(s) and Loan Promissory Note Guarantee are attached hereto as a part hereof. Upon

execution, a copy of all Assignment Guarantee Agreements associated with a Promissory Note will be attached to the original Promissory Note to be physically retained by original Lender. The original of the Assignment is retained by the Holder. Holder's rights to payments are listed

herein.

All terms not otherwise defined have the definitions given to them in the 7 CFR part 5001.3.


NOW, THERFORE, THE PARTIES AGREE:


Shape1

Shape2

1. The principal amount of the Promissory Note now outstanding is $ 2,000,000. Lender hereby assigns to Holder 100 percent of the guaranteed portion of the Promissory Note representing

$1,600,000 of such loan now outstanding in accordance with all of the terms and conditions

hereinafter set forth. The Lender and USDA certify to the Holder that the Lender has paid and USDA has received the guarantee fee in exchange for the issuance of the Loan Promissory Note Guarantee and any applicable fees.

Example 2 (partial):

The lender closed the loan using multiple notes. 100% of note #0002021002 in the face amount of $500,000, with an 80% USDA guarantee is being assigned to LMN Financial.


Add/ Remove

Lender’s Identifying Note Number

Face Amount

Percent of Total Loan Amount

Amount Guaranteed


00020210001

$1,000,000.00

80%

$800,000


00020210002

$500,000

80%

400,000


00020210003

$500,000

80%

400,000

Total:


$2,000,000.00


$1,600,000


LMN Financial (Holder) desires to purchase from Lender 100 percent of the

guaranteed portion of Promissory Note Number 0002021002. Copies of Borrower’s Promissory Note(s) and Loan Promissory Note Guarantee are attached hereto as a part hereof. Upon

execution, a copy of all Assignment Guarantee Agreements associated with a Promissory Note will be attached to the original Promissory Note to be physically retained by original Lender. The original of the Assignment is retained by the Holder. Holder's rights to payments are listed

herein.

All terms not otherwise defined have the definitions given to them in the 7 CFR part 5001.3.


NOW, THERFORE, THE PARTIES AGREE:


Shape3

1. The principal amount of the Promissory Note now outstanding is $ 500,000. Lender hereby assigns to Holder 100 percent of the guaranteed portion of the Promissory Note representing

$400,000 of such loan now outstanding in accordance with all of the terms and conditions

hereinafter set forth. The Lender and USDA certify to the Holder that the Lender has paid and USDA has received the guarantee fee in exchange for the issuance of the Loan Promissory Note Guarantee and any applicable fees.

Example 3 (partial):

The lender closed the loan using multiple notes. 50% of note #0002021003 in the face amount of

$500,000, with an 80% USDA guarantee is being assigned to LMN Financial.


Add/ Remove

Lender’s Identifying Note Number

Face Amount

Percent of Total Loan Amount

Amount Guaranteed


00020210001

$1,000,000.00

80%

$800,000


00020210002

$500,000

80%

400,000


00020210003

$500,000

80%

400,000

Total:


$2,000,000.00


$1,600,000


LMN Financial (Holder) desires to purchase from Lender 50 percent of the

guaranteed portion of Promissory Note Number 0002021003. Copies of Borrower’s Promissory Note(s) and Loan Promissory Note Guarantee are attached hereto as a part hereof. Upon

execution, a copy of all Assignment Guarantee Agreements associated with a Promissory Note will be attached to the original Promissory Note to be physically retained by original Lender. The original of the Assignment is retained by the Holder. Holder's rights to payments are listed

herein.

All terms not otherwise defined have the definitions given to them in the 7 CFR part 5001.3.


NOW, THERFORE, THE PARTIES AGREE:


Shape4

1. The principal amount of the Promissory Note now outstanding is $ 500,000. Lender hereby assigns to Holder 50 percent of the guaranteed portion of the Promissory Note representing

$200,000 of such loan now outstanding in accordance with all of the terms and conditions

hereinafter set forth. The Lender and USDA certify to the Holder that the Lender has paid and USDA has received the guarantee fee in exchange for the issuance of the Loan Promissory Note Guarantee and any applicable fees.



File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorBennett, Pamela - RD, Washington, DC
File Modified0000-00-00
File Created2021-11-18

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