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Form RD 5001-2
(00-00)
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
FORM APPROVED
OMB No. 0572-0155
LENDER’S AGREEMENT
Lender:
Tax Identification Number:
Lender Address:
Telephone Number:
Regulated Lender ____ 5001.130(b) Non-Regulated Lender ____ 5001.130(c) Non-Regulated Lender serving Tribal Trust Lands ____ 5001.130(d)
I.
General Provisions
Purpose.
The undersigned lender (Lender) is designated as an approved Lender upon Agency execution of this agreement for the purpose of
processing, requesting Loan Note Guarantees, and servicing those loans as authorized herein and under 7 CFR part 5001. The Lender
enters into this agreement as a condition for obtaining guarantees under this regulation.
The United States of America, acting through the United States Department of Agriculture (USDA), agrees to enter into Loan Note
Guarantees with the Lender issued pursuant to 7 CFR part 5001, and to participate in a percentage of any loss on any such loans not to
exceed the amount established in the Loan Note Guarantee. The terms of the Loan Note Guarantee are controlling.
Agreement.
The Lender certifies that it has read, understands, and will originate, service, and otherwise operate in accordance with the provisions of 7
CFR part 5001, which are incorporated into this agreement by reference. The Lender further agrees to be bound by future USDA program
regulations not inconsistent with the current provisions of 7 CFR part 5001.
Duration of the Agreement.
This agreement applies to all guaranteed loans made by the Lender pursuant to 7 CFR part 5001 from the date of this agreement until revoked or expired.
Revocation.
USDA or the Lender may revoke this agreement with 30 days prior written notice to the other party. Any revocation will not affect the
status of any loan guarantees that have been already issued. Any revocation by USDA will be subject to any appeal right the Lender may
have pursuant to 7 CFR part 11.
Expiration.
A non-regulated lending entity must renew its approval status in accordance with 5001.130(c)(4), 5 years from the date
the Agency
executes the lender's agreement. Expired agreements are not subject to appeal rights.
Modification of Agreement.
This Agreement may only be modified in writing by both parties.
Other Requirements.
This Agreement is also subject to the requirements of other applicable law. This Agreement shall be interpreted in accordance with Federal law.
Any conflict between the terms of this Agreement, or any other agreement entered into by the Lender and USDA with 7 CFR part 5001 will be
interpreted in accordance with 7 CFR part 5001.
All sales of the Loan Note Guarantee, including subsequent sales, must be reported to the Agency.
This Agreement is also subject to the requirements and provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, Equal Credit Opportunity Act of 1974, Age Discrimination in Employment Act of 1975, Title XI of the Education Amendments of
1972, Title VIII Fair Housing Act Amendments Act of 1988, Executive Order 112466 (Construction Contracts), and Executive Order 12898
(Federal Action to Address Environmental Justice in Minority Populations and Low-income Populations, and Other Equal Opportunity and
Nondiscrimination Requirements).
The Lender must ensure that the Borrower complies with the measures identified in the Agency’s environmental review for the facility for the
purpose of avoiding or reducing any adverse environmental impacts of the facility’s construction or operation.
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 currently
valid OMB control number. The valid OMB control number for this collection is 0572-0155. The time required to complete this information collection is estimated to average 1 hour 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.
Responses to this collection of information are mandatory (7 CFR 5001). Send comments on the agency's need for this information, the accuracy of the provided burden estimates, and any
suggested methods for minimizing respondent burden, including through the use of automated collection techniques to [email protected]. Include the OMB control
number in any correspondence. Do not send the completed form to this address.
Successors and Assigns.
This Agreement shall be binding upon Lender’s and USDA’s successors and assigns.
The undersigned certifies, by their signature, that they are authorized to sign this Agreement on behalf of the Lender.
By:
___________________________________________________
(Signature)
___________________________________________________
(Name Typed or Printed)
Title: ___________________________________________________
Date: ___________________________________________________
The undersigned certifies, by their signature, that they are authorized to sign this Agreement on behalf of the Agency.
UNITED STATES OF AMERICA
Department of Agriculture
By:
________________________________________________
(Signature)
Title: _______________________________________________
____________________________________________
(Name Typed or Printed)
*Date: _______________________________________________
* For Non-Regulated Lenders this Lender's Agreement expires on January 31 , ________
8
Form RD 4279-4
(Rev. 00-17)
File Type | application/pdf |
File Title | 5001-2 ver 6.25.19.indd |
Author | Jeanne.Jacobs |
File Modified | 2021-04-07 |
File Created | 2019-07-02 |