LIA10 Loan Insurance Agreement

IA Form LIA10
Revised X 202X

OMB Control No. 1076-0020
Expires: XX/XX/202X

Loan Insurance Agreement
Agreement Number _________
This Loan Insurance Agreement (“Agreement”) is entered into between the United States
Department of the Interior (“Department”), and __________________________________________
(“Lender”), as of the date established below. The Agreement governs the Lender’s use of loan
insurance made available under the Department’s Loan Guaranty, Insurance and Interest Subsidy
Program, 25 U.S.C. §§ 1481 et seq. and 1511 et seq., and 25 CFR Part 103 (the “Program”).
1.

Except as specified by statutes or regulations governing the Program, or as otherwise
specified in this Agreement, the Department will insure payment of the Lender’s loss on any
loan made to a qualified Borrower, up to the lesser of (a) 90% of the unpaid principal and
accrued interest due on the loan; (b) the percentage limitation specified by the Department in
an approval letter (in the case of insured loans that the Department must individually
approve); or (c) 15% of the aggregate outstanding principal amount of all loans the Lender
has insured under the Program as of the date the Lender makes a claim under its insurance
coverage.

2.

The Lender must comply at all times with statutes and regulations governing the Program,
and with the terms of this Agreement (collectively, the “Program Terms”). The Department
may change the Program Terms from time to time, but if it does, Lender compliance must
correspond only with Program Terms in effect on the date of each loan covered by this
Agreement, unless and until the Lender specifically adopts subsequent Program Terms in
writing. The Lender also must comply at all times with any Conditions of Approval attached
to a Department approval letter (in the case of insured loans that the Department must
individually approve).

3.

The Department may approve the Lender under any of three different classifications,
depending on factors such as the number of loans the Lender makes under the Program, the
total principal balance of the Lender’s Program loans, the number of years the Lender stays
involved with the Program, the relative benefits and opportunities the Lender gives to Indian
business efforts through the Program, and the Lender’s overall compliance with Program
requirements. A Lender approved by the Department under this Agreement may designate
itself a “Department of the Interior Insured Lender.” Upon completing at least three years
with an average of at least three outstanding insured loans per year, a Lender with a
satisfactory record of Program compliance and at least one new insured loan each year may
request approval from the Department for the designation “Department of the Interior
Preferred Insured Lender.” After at least five years with an average of at least five
outstanding insured loans per year, a Department of the Interior Preferred Insured Lender
with a satisfactory record of Program compliance and at least one new insured loan each year
1

IA Form LIA10
Revised X 202X

OMB Control No. 1076-0020
Expires: XX/XX/202X

may request approval from the Department for the designation “Department of the Interior
Performance Insured Lender.” The Department’s approval of a Lender extends only to the
distinct legal entity of the Lender seeking approval, and does not extend to any parent
entities, subsidiaries, or affiliates of the Lender. Execution of this Agreement does not
authorize the Lender to issue loans guaranteed under the Program; guaranteed loans are
subject to a separate Loan Guarantee Agreement.
4.

In the event the Lender undergoes (a) a change in corporate structure; (b) a merger with any
other entity; or (c) any legal proceeding in which substantially all of its assets may be subject
to disposition through laws governing bankruptcy, insolvency, or receivership, this
Agreement will be deemed suspended as of the date of change or the commencement of the
legal proceeding. The Lender, or its successor in interest, must enter into a new Agreement
with the Department in order to issue new loans insured under the Program.

5.

During the term of this Agreement, and for such time thereafter as the Lender may hold one
or more loans insured under the Program, the Lender agrees to allow representatives or
agents of the Department to inspect the Lender’s records concerning any and all loans
insured under the Program at any reasonable time, including any time during the Lender’s
normal business hours. The Lender agrees to supply whatever information the Department
may request, as long as it reasonably relates to any Department-insured loan or the Lender’s
participation in the Program. For example, the Department may ask for copies of all
organizational documents of the Lender, including amendments, since those documents may
bear upon the Lender’s qualification to continue participating in the Program.

6.

Except as otherwise specified in the Conditions of Approval for a specific loan, the Lender
must submit loan transaction history reports quarterly, within 30 days after March 31, June
30, September 30, and December 31 of each year.

7.

In the event the Lender applies to the Department for loan insurance for a specific loan under
25 CFR § 103.13 or 103.21, the Department must transmit its approval to the Lender before
the loan closes. Any such approval will become void if closing does not occur before 90
days after the date of the Department’s approval notification, unless otherwise agreed by the
Department in writing.

8.

Unless consent is specifically withdrawn in whole or in part in writing, this Agreement
authorizes the Department and its agents to identify and discuss the Lender and its
representatives, and any Program related transaction involving the Lender and its
representatives, in audio, visual and/or written materials and in public presentations of a
promotional, educational, or evaluative nature. Upon request, the Lender agrees to diligently
seek approval from its Program borrowers for the use of the Borrower’s and the Borrower’s
representative’s identity and fundamental transaction details for similar use by the
Department, including details that might otherwise be prohibited from disclosure under the
2

IA Form LIA10
Revised X 202X

OMB Control No. 1076-0020
Expires: XX/XX/202X

Privacy Act, 5 U.S.C. § 552a et seq.
9.

When a Program insured loan relates significantly to commercial construction and/or
renovation, the Lender agrees to post a sign identifying the Department as a source of
financial assistance during the period of construction or renovation. The Department will
provide all necessary signage upon request.

10.

Except as expressly indicated in writing by a duly authorized Department official, the
Department bears no responsibility for any failure of the Lender to comply with Program
Terms or any applicable Conditions of Approval, regardless of the circumstances.

11.

Except as expressly indicated by Program Terms or any applicable Conditions of Approval,
the Lender should direct all correspondence with the Department concerning the Program to
the Zone Office serving the area in which the Borrower’s business is located. In particular,
the Lender must direct the following requests and notifications to the appropriate Zone
Office: (a) all requests for loan insurance approval (25 CFR § 103.13); (b) all requests for
loan modification approval (25 CFR § 103.34); (c) all loan transfer notifications (25 CFR §§
103.28, 103.29.; (d) all notices of Borrower default (25 CFR § 103.35); (e) all notices
electing a remedy under the Program (25 CFR § 103.36); and (f) all claims for loss (25 CFR
§§ 103.37). The Lender may seek assistance from the Zone Office serving the Borrower’s
business area with respect to fulfilling any Program requirements. The Lender must send
loan insurance premium payments (25 CFR § 103.19) to the Loan Accounting Section.

12.

This Agreement remains in effect unless and until otherwise indicated under the Program
Terms, or until either party provides the other with written notice that it wishes to withdraw
from this Agreement as of a stated future date. The Department may terminate this
Agreement for cause at any time, without prior notice to the Lender. Termination of this
Agreement will not, in and of itself, affect any outstanding Program insurance on loans held
by the Lender.

13.

By executing this Agreement, the Lender represents to the Department that it meets or
exceeds the basic requirements for making insured loans under the Program, including,
without limitation, the requirements specified at 25 CFR § 103.10.

14.

This Agreement permits the Lender to make some kinds of insured loans without any
prior Department review, thereby increasing the possibility that the Lender will make
mistakes that could void or reduce the value of insurance under the Program. For
instance, the Department will deny an otherwise valid claim if the Borrower was never
eligible under the Program in the first place. The Lender is responsible for understanding
the Program thoroughly, and adhering strictly to its requirements.

15.

There is a limit to the cumulative loan total the Department may insure or guarantee each
3

IA Form LIA10
Revised X 202X

OMB Control No. 1076-0020
Expires: XX/XX/202X

fiscal year under the Program. The Department must correspondingly limit the cumulative
loan total made by each Lender during the Department’s fiscal year. Unless modified in
writing by an authorized Department official, for the term of this agreement the Lender is
authorized to make loans totaling no more than $___________________ in original principal
amount during each calendar year commencing October 1 and ending the following
September 30. This overall limitation is further subject to annual written authorization by
the Department for each such fiscal year, confirming that federal appropriations have been
provided in the amount necessary to support this Agreement. The Department may provide
additional lending authority to the Lender at any time upon written request, to the extent
Program resources permit. Conversely, if any portion of the Lender’s yearly allocation is not
used by June 1, as evidenced by IA Forms NIL10 actually received by the Department, then
in the Department’s discretion it may withdraw any part of the balance of the Lender’s
allocation for the current fiscal year and give the authority to another lender, or apply the
funds to other Program functions.
This Agreement is effective as of the latest of the dates specified by the signature lines below:
Date:________________, 20____

Date:________________, 20____

Lender:
ABA No:
Tax ID No:

______________________________
______________________________
______________________________

By:
Title:
Address:
Phone No.:
Email:

______________________________
______________________________
______________________________
______________________________
______________________________

United States Department of the Interior
Bureau of Indian Affairs
By:
Title:

______________________________
______________________________

Paperwork Reduction Act Statement: This form is covered by the Paperwork Reduction Act. It is used to establish the
respective rights and responsibilities of the respondent and the Federal government. The information is provided by
respondents to obtain or retain a benefit. In compliance with the Paperwork Reduction Act of 1995, as amended, the
collection has been reviewed by the Office of Management and Budget and assigned a number and an expiration date.
The number and expiration date are at the top right corner of the form. An agency may not sponsor or conduct, and a
person is not required to respond to, a request for information collection unless it displays a currently valid OMB Control

4

IA Form LIA10
Revised X 202X

OMB Control No. 1076-0020
Expires: XX/XX/202X

Number. The public reporting burden is estimated to average 2 hours per respondent. This includes the time needed to
understand the requirements, gather the information, complete the form, and submit it to the Department. Comments
regarding the burden or other aspects of the form may be directed to the Indian Affairs Information Collection Clearance
Officer, Office of Regulatory Affairs – Indian Affairs, 1001 Indian School Road NW, Suite 229, Albuquerque, New
Mexico 87104.
Privacy Act Statement (5 U.S.C. 552(a)): The authority for collecting this information is 25 U.S.C. 1511. The
information will be used to administer the Loan Guarantee, Insurance and Interest Subsidy Program, 25 U.S.C. 1481 et
seq. Disclosures of this information may be made to track and record payments and unpaid balances and provide
information on payments made for paying interest subsidy, credits obtained, service loans made, and premiums paid by
Lenders, and for the other routine uses described by system of record notice, BIA-13, Loan Management and Accounting
System.

5