7 CFR 1941, Operating Loan Policies, Procedures and Authorizations and Closings

Instructions for FSA-441-10

NONDISTURBANCE AGREEMENT

This form is used to obtain a non-disturbance agreement from: (1) a lienholder when Operating Loan or Emergency Loan funds are used to pay on debts secured by liens on essential farm equipment, and (2) other creditors of the borrower who are in position to interfere with the borrower’s farming operation.

Submit the original completed form in hard copy or a facsimile copy to the appropriate county FSA office.

Customers who have established electronic access credentials with USDA may electronically transmit this form to the USDA servicing office, provided that: (1) the customer submitting the form is the only person required to sign the transaction, or (2) the customer has an approved Power of Attorney (Form FSA-211) on file with USDA to sign for other customers for the program and type of transaction represented by this form.

Features for transmitting the form electronically are available to those customers with access credentials only. If you would like to establish online access credentials with USDA, follow the instructions provided at the USDA eForms web site.

Items 1 and 3 completed by FSA.

Item 2 completed by creditor.

Field Name / Item No.	Instruction
2(A) Name and Address	Enter name and address of creditor, including ZIP code.
2(B) Telephone Number	Enter telephone number of creditor, including Area Code.
2(C) Name of Individual or Authorized Entity Representative	Enter name of the individual or authorized entity representative.
2(D) Title of Individual or Authorized Entity Representative	Enter title of authorized entity representative listed in Item 2(C).
2(E) Signature of Individual or Authorized Entity Representative	Enter signature of the individual or authorized entity representative listed in Item 2(C).
2(F) Name of Second Individual or Authorized Entity Representative	Enter name of the second individual or authorized entity representative, if applicable.
2(G) Title of Second Individual or Authorized Representative	Enter title of second authorized entity representative listed in Item 2(F).
2(H) Signature of Second Individual or Authorized Representative	Enter signature of the second individual or authorized entity representative listed in Item 2(F). If you are mailing or faxing this form, print the form and manually enter your signature. If this form is approved for electronic transmission and you have established credentials with USDA to submit forms electronically, use the buttons provided on the form for transmitting the form to the USDA servicing office.

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