(c) The maximum allowance per acre in the States of Washington, Oregon, and Idaho for fertilizing, spraying, and dusting fruit trees of bearing age, other than citrus, shall not exceed $40 per acre.

(d) The maximum allowance per acre for the purpose of producing Irish potatoes (where commercial fertilizer and spray material, including dust, are used) in the States of Maine, Connecticut, and Massachusetts shall not exceed $30.00 per acre.* [Par. 8, FCA Order 211, Feb. 4, 1938, as amended by FCA Order 215, Mar. 2, 1938, FCA Order 216, Mar. 2, 1938, FCA Order 217, Mar. 2, 1938, FCA Order 218, Mar. 2, 1938]

110.19 Feed production allowances. No loan for the production of feed for livestock will be made in an amount greater than is actually necessary to produce sufficient crops to feed the livestock upon which a mortgage has been given to secure the loan. In no event may a loan for the production of feed for livestock be made on a basis which exceeds a maximum allowance of $2.00 per acre.

This figure includes allowances for seed, fuel, oil, feed for workstock while engaged in the production of the feed crops, and incidental expenses, for which no additional allowances will be made.*t [Par. 9]

110.20 Feed purchase allowances. No loan for the purchase of feed for livestock will be made in an amount greater than is actually necessary to maintain the livestock until pasturage and/or forage or until feed is available, and in no case may a loan for the purchase of feed for livestock be made on a basis which exceeds the following rates per head of livestock per month:

MAXIMUM ALLOWANCES FOR THE PURCHASE OF FEED FOR LIVESTOCK PER HEAD PER MONTH 1

'The allowances set forth in this table apply only to loans for the purchase of feed for the kinds of livestock listed above and are not to be used for the feeding of workstock. Feed for workstock is included in the allowances provided for the production of both cash and feed crops. *+ [Par. 10]

110.21 Harvesting allowances. An amount not greater than the actual harvesting and threshing expenses may, in the discretion of the regional manager, be released from the proceeds of the sale of any of the crops covered by a lien given to the Governor in any case where a borrower does not have the necessary funds or credit to pay for the harvesting and threshing of such crops.*† [Par. 11]

110.22 Forms. The amount approved for a loan by the Governor or his representative under the regulations in this part will be paid to the applicant by a disbursing officer upon receipt and approval by the Governor or his representative of the following documents:

(a) Application in the form prescribed, signed by the applicant. (b) Promissory note (or bond in Pennsylvania) in the form pre

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*For statutory and source citations, see note to § 110.1.

scribed, executed by the applicant for the amount approved by the Governor or his representative, payable to the Governor, bearing interest at the rate of 4 percent per annum from maturity until paid.

(c) In order to afford adequate protection and preserve the statutory priority of liens for seed loans made in North Dakota, South Dakota, Minnesota, and Montana, the following requirements will be observed:

North Dakota. Each applicant in North Dakota who applies for a loan for the purchase of seed, feed for workstock, gas, oil, and minor repairs on farm equipment only, or for one or more of such purposes, shall execute a note for the amount of such loan and secure the repayment of such loan by a crop lien; each applicant in such State who applies for a loan for any or all of the above purposes and for other purposes in addition thereto, shall execute a note for the total amount of such loan and secure the repayment of such loan by a crop mortgage and also shall execute a crop lien to secure the repayment of that part of such loan which is proposed to be used for the purchase of seed, feed for workstock, gas, oil, and minor repairs on farm equipment, or for one or more of such purposes;

Minnesota. Each applicant in Minnesota who applies for a loan, either for the purchase of seed only or for the purchase of seed and for other purposes, shall execute a note for the total amount of such loan and secure the repayment of the entire loan by a crop mortgage, and in addition thereto shall execute a seed lien to secure the repayment of that part of such loan which is proposed to be used for the purchase of seed;

South Dakota and Montana. Each applicant in the States of South Dakota and Montana who applies for a loan for the purchase of seed only, shall execute a note for the amount of such loan and secure the repayment thereof by a seed lien; each applicant in the above States who applies for a loan to be used in part for other purposes shall execute a note for the total amount of such loan and secure the repayment thereof by a crop mortgage, and in addition thereto shall execute a seed lien to secure the repayment of that part of such loan which is proposed to be used for the purchase of seed.

(d) Lien instruments (including waivers) in the form prescribed, conveying a first lien or a promise and authority, properly executed and filed, registered or recorded in the proper office as required by local State law.

(e) A voucher for the amount of the loan in the form prescribed, signed by the applicant.*+ [Par. 12]

110.23 Fees. Fees for recording, filing, registration, and examination of records (including certificates) shall be paid by the borrower; Provided, however, That such fees aggregating not to exceed 75 cents per loan may be paid by him from the proceeds of the loan. No fees for releasing liens given to secure loans shall be paid from the proceeds of a loan.*t [Par. 13]

110.24 Changing regulations. The right is reserved to revoke, alter, or amend the regulations in this part at any time and without notice. [Par. 14]

**For statutory and source citations, see note to § 110.1.

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Sec.

PART 111-LOANS IN HAWAII

111.1 Loans in Hawaii during 1938. 111.2 Eligibility; general.

111.3 Security.

111.4 Applicants agreements.

111.5 Loan limitation and interest rate.

Sec.

111.10 Amount loaned limited to needs.
111.11 Members of family units.
111.12 Other means of livelihood.
111.13 Partnerships, corporations, etc.
111.14 Husband and wife.

111.15 Purchase of machinery, etc.

111.6 Farm Security Administration 111.16 Installments. borrowers.

111.7 Available credit.

111.8 Marketing agreements, etc. 111.9 Good faith.

111.17 Per acre allowances, etc.
111.18 Forms.

111.19 Fees.

111.20 Changing regulations.

Section 111.1 Loans in Hawaii during 1938. Loans for the production of crops, for planting, cultivating, and harvesting crops, for supplies incident and necessary to such production, planting, cultivating, and harvesting, or for any of such purposes, will be made during the year 1938 by the Governor of the Farm Credit Administration to farmers in the Territory of Hawaii.*t [Par. 1]

*88 111.1 to 111.20, inclusive, issued under the authority contained in sec. 1, 50 Stat. 5; 12 U.S.C., Sup., 1020i. See also 52 Stat. 26. †The source of §§ 111.1 to 111.20, inclusive, is FCA Order 220, Apr. 1, 1938. 111.2 Eligibility; general. Such loans may be made to farmers who have acreage suitable for cultivation, the necessary equipment for farming operations, and who are unable to obtain a loan from other sources, and, further, such loans will be limited to the amount necessary to meet the immediate and actual cash needs, and preference shall be given to the applications of farmers whose cash requirements are small.*+ [Par. 2]

111.3 Security. Such loans shall be secured by a first lien upon all crops of which the planting, cultivation, production, or harvesting is to be financed, in whole or in part, with the proceeds of such loan.** [Par. 3]

111.4 Applicants agreements. Applicants must agree (a) to use seed and methods approved by the Department of Agriculture; and (b) to plant a garden for home use.*+ [Par. 4]

111.5 Loan limitation and interest rate. The total amount of loans made to any one borrower during the calendar year 1938 shall not exceed $400. No loan will be made for an amount less than $25. All loans will be made in multiples of $5. Notes will bear interest, from maturity until paid, at the rate of 4 percent per annum; and interest to the maturity date at the same rate will be deducted at the time the loan is made.** [Par. 5]

111.6 Farm Security Administration borrowers. No such loan will be made to any applicant who is a standard rehabilitation client of the Farm Security Administration or who has an application pending which is in process of approval, as indicated on lists furnished by the Farm Security Administration.*t [Par. 6 (a)]

111.7 Available credit. No such loan will be made to any applicant who can obtain a loan from other sources in an amount rea

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**For statutory and source citations, see note to § 111.1.

sonably adequate to meet his needs for the purposes for which such loans may be made.*† [Par. 6 (b)]

111.8 Marketing agreements, etc. No such loan will be made to any applicant who is a pineapple grower unless he has a marketing agreement with a responsible pineapple cannery; to any sugar cane grower unless he signs, or agrees to sign, a grinding contract with an approved central or mill; or to any fruit or vegetable grower, or grower of any other crops, unless he agrees to marketing agreements which are satisfactory to the representative of the Emergency Crop and Feed Loan Office in the Territory of Hawaii.*+ [Par. 6 (c)]

111.9 Good faith. No such loan will be made to any applicant who has not undertaken in good faith to meet his obligations in connection with any previous crop or seed loans as follows: has wilfully misused the proceeds of a loan check for any purpose other than those specified in his application; has failed to plant a crop or has planted crops on lands other than those described in the application; has wilfully disposed of crops mortgaged to the Governor, or failed to account satisfactorily therefor without applying the proceeds of the sale or the value thereof as a payment on his loan; has wilfully used the crops mortgaged to the Governor for any purpose other than that stated in his application or applications; or has failed to pay all or part of such loan or loans when able to do so.** [Par. 6 (d)]

111.10 Amount loaned limited to needs. No such loan will be made to any applicant in an amount greater than his immediate cash needs for the production or harvesting of crops, and for supplies incident and necessary to such production and harvesting.*+ [Par. 6 (e)]

111.11 Members of family units. No such loan will be made to more than one member of a family unit or to any person living and/or farming with an applicant whose application for a loan hereunder has been disapproved.*+ [Par. 6 (f)]

111.12 Other means of livelihood. No such loan will be made to any applicant who has a means of livelihood other than farming.** [Par. 6 (g)]

111.13 Partnerships, corporations, etc. No such loan will be made to partnerships, corporations, minors, guardians, agents, executors, or administrators; or, to receivers or trustees.** [Par. 6 (h)]

111.14 Husband and wife. No such loan will be made to a wife living with her husband unless the husband joins in the application, note, and mortgage or lien.* [Par. 6 (i)]

111.15 Purchase of machinery, etc. No such loan will be made for the purchase of machinery or livestock, or for the payment of taxes, rent, debts, or interest or for any purpose other than as specified herein.* [Par. 6 (j)]

111.16 Installments. Loans may be made, subject to the limitations specified herein, in such amounts and in such installments as the Hawaiian representative of the Emergency Crop and Feed Loan Section may approve.*t [Par. 7]

**For statutory and source citations, see note to § 111.1.

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111.17 Per acre allowances, etc. No loan for the production of crops will be made in an amount greater than the immediate and actual cash needs in the particular case to plant the crop in a manner approved by the Extension Service of the Department of Agriculture. The immediate and actual cash needs in a particular case must not exceed the actual costs per acre in such case as determined by individual consideration of the various factors involved, e. g., whether it is necessary to purchase seed, feed, fertilizer, spraying material and/or fuel for tractors; the cost thereof; and any other incidental expenses currently incurred in that community in connection with the particular crop to be produced. In no event may loans for crop production purposes exceed the following maximum allowances per acre:

1 Total amount per acre allowed shall not exceed the maximum indicated nor shall it exceed $1.25 a ton based on previous yield records for the same type of cane. Where irrigation is practiced, the total allowance for all costs including irrigation shall not exceed $1.25 per ton on estimated yield.

2 In the case of pineapples where mulching paper is used, an additional allowance not to exceed $60 per acre shall be permitted on approval of the Emergency Crop Loan representative, but in no case shall the total amount loaned per acre exceed $10 per ton based upon past record of performances for both plant and ratoon pineapples.

NOTE: Vegetable and miscellaneous crops:

The cost of seed or platns, fertilizer, and spray materials will be allowed plus a maximum of $10 per acre for hired labor in the case of vegetables only.

An amount not greater than the actual harvesting expenses may, in the discretion of the Hawaiian representative of the Emergency Crop and Feed Loan Section, be released from the proceeds of the sale of any of the crops covered by a lien given to the Governor, in any case where a borrower does not have the necessary funds or credit to pay for the harvesting of such crops.*+ [Par. 8]

111.18 Forms. The amount approved for a loan by the Governor or his representatives under the regulations in this part will be paid to the applicant by a disbursing officer upon receipt and approval by the Governor or his representative of the following documents:

(a) Application in the form prescribed, signed by the applicant. (b) Promissory note in the form prescribed, executed by the applicant for the amount approved by the Governor or his representative,

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**For statutory and source citations, see note to § 111.1