7 C.F.R. § 1951.8

Types of payments

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(a) Regular payments. Regular payments are all payments other than extra payments and refunds. Usually, regular payments are derived from farm income, as defined § 1962.4 of subpart A of part 1962 of this chapter. Regular payments also include payments derived from sources such as Agricultural Stabilization and Conservation Service payments (other than those referred to in paragraph (b) of this section), off-farm income, inheritances, life insurance, mineral royalties and income from mineral leases (see § 1965.17 (c) of subpart A of part 1965 of this chapter), including income from leases or bonuses. Regular payments in the case of a Section 502 RH loan to an applicant involved in a mutual self-help project will include loan funds advanced for the payment of any part of the first and second installments. All payments to the lock box facility(s) by direct payment borrowers are considered regular payments.

(b) Extra payments. Extra payments are payments derived from:

(1) Sale of chattels other than chattels which will be sold to produce farm income or real estate security, including rental or lease of real estate security of a depreciating or depleting nature.

(2) Refinancing of the real estate debt.

(3) Cash proceeds of real property insurance as provided in subpart A of part 1806 of this chapter (RD Instruction 426.1).

(4) A sale of real estate not mortgaged to the Government, pursuant to a condition of loan approval.

(5) Agricultural Conservation Program payments as provided in subpart A of part 1941 of this chapter.

(6) Transactions of a similar nature which reduce the value of security other than chattels which will be sold to produce farm income.

(c) Refunds. Refunds are payments derived from the return of unused loan or grant funds, except that the term “refunds” as used in Form 1940-17, “Promissory Note,” will be construed to mean the return of funds advanced for capital goods, when a loan is made for operating purposes.

[50 FR 45764, Nov. 1, 1985, as amended at 51 FR 4137, Feb. 3, 1986; 53 FR 35717, Sept. 14, 1988; 58 FR 52646, Oct. 12, 1993]

Notes of Decisions

Cited in 2 cases, 1984–1992 · leading case: United States v. Nehl, 599 F. Supp. 324 (D.S.D. 1984).

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United States v. Nehl, 599 F. Supp. 324 (D.S.D. 1984). · cites it 3× “Plaintiff argues that the payments FmHA received from defendant were “extra payments”, a term mentioned in the notes and defined at 7 C.F.R. § 1951.8 (b), and that the application of the payments *327 had nothing to do with acceleration, but was governed by 7 C.”

In Re Earl, 147 B.R. 60 (Bankr. N.D.N.Y. 1992). “See 7 C.F.R. § 1951.8 (b) (1992). “Farm income” refers to the sale of chattels which are normally sold annually during the regular course of business such as "crops, feeder livestock, and other farm products.”

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