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Section: 030.0756 Lending institution receiving linked deposits, requirements and limitations--false statements as to use for loan, penalty--eligible student borrowers--eligibility, student renewal loans, repayment method--priority for reduced-rate l...


Published: 2015

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Missouri Revised Statutes













Chapter 30

State Treasurer

←30.753

Section 30.756.1

30.758→

August 28, 2015

Lending institution receiving linked deposits, requirements and limitations--false statements as to use for loan, penalty--eligible student borrowers--eligibility, student renewal loans, repayment method--priority for reduced-rate loans.

30.756. 1. An eligible lending institution that desires to receive a

linked deposit shall accept and review applications for linked deposit loans

from eligible multitenant enterprises, eligible farming operations, eligible

alternative energy consumers, eligible alternative energy operations,

eligible locally owned businesses, eligible small businesses, eligible job

enhancement businesses, eligible marketing enterprises, eligible

agribusinesses, eligible beginning farmers, eligible livestock operations,

eligible residential property developers, eligible residential property

owners, eligible governmental entities, eligible student borrowers, eligible

facility borrowers, and eligible water supply systems. An eligible

residential property owner shall certify on his or her loan application that

the reduced rate loan will be used exclusively to purchase, develop or

rehabilitate a multifamily residential property. The lending institution

shall apply all usual lending standards to determine the creditworthiness of

each eligible multitenant enterprise, eligible farming operation, eligible

alternative energy operation, eligible alternative energy consumer, eligible

locally owned business, eligible small business, eligible job enhancement

business, eligible marketing enterprise, eligible residential property

developer, eligible residential property owner, eligible governmental

entities, eligible agribusiness, eligible beginning farmer, eligible livestock

operation, eligible student borrower, eligible facility borrower, or eligible

water supply system. No linked deposit loan made to any eligible multitenant

development enterprise, eligible farming operation, eligible alternative

energy operation, eligible alternative energy consumer, eligible locally

owned business, eligible livestock operation, eligible agribusiness, eligible

beginning farmer, eligible job enhancement business, eligible marketing

enterprise, eligible residential property developer, eligible residential

property owner, eligible governmental entity, eligible student borrower,

eligible water supply system, or eligible small business shall exceed a

dollar limit determined by the state treasurer in the state treasurer's best

judgment, except as otherwise limited. Any link deposit loan made to an

eligible facility borrower shall be in accordance with the loan amount and

loan term requirements in section 30.860.



2. An eligible farming operation, small business or job enhancement

business shall certify on its loan application that the reduced rate loan

will be used exclusively for necessary production expenses or the expenses

listed in subsection 2 of section 30.753 or the refinancing of an existing

loan for production expenses or the expenses listed in subsection 2 of

section 30.753 of an eligible farming operation, small business or job

enhancement business. Whoever knowingly makes a false statement concerning

such application is guilty of a class A misdemeanor. An eligible water supply

system shall certify on its loan application that the reduced rate loan shall

be used exclusively to pay the costs of upgrading or repairing an existing

water system, constructing a new water system, or making other capital

improvements to a water system which are necessary to improve the service

capacity of the system.



3. In considering which eligible farming operations should receive

reduced-rate loans, the eligible lending institution shall give priority to

those farming operations which have suffered reduced yields due to drought or

other natural disasters and for which the receipt of a reduced-rate loan will

make a significant contribution to the continued operation of the recipient

farming operation.



4. The eligible financial institution shall forward to the state

treasurer a linked deposit loan package, in the form and manner as prescribed

by the state treasurer. The package shall include such information as

required by the state treasurer, including the amount of each loan requested.

The institution shall certify that each applicant is an eligible multitenant

development enterprise, eligible farming operation, eligible alternative

energy operation, eligible alternative energy consumer, eligible locally

owned business, eligible small business, eligible job enhancement business,

eligible marketing enterprise, eligible residential property developer,

eligible residential property owner, eligible governmental entity, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower, eligible facility borrower, or eligible water

supply system, and shall, for each eligible multitenant development

enterprise, eligible farming operation, eligible alternative energy

operation, eligible alternative energy consumer, eligible small business,

eligible job enhancement business, eligible marketing enterprise, eligible

residential property developer, eligible residential property owner, eligible

governmental entity, eligible agribusiness, eligible beginning farmer,

eligible livestock operation, eligible student borrower, eligible facility

borrower, or eligible water supply system, certify the present borrowing rate

applicable.



5. The eligible lending institution shall be responsible for determining

if a student borrower is an eligible student borrower. A student borrower

shall be eligible for an initial or renewal reduced-rate loan only if, at the

time of the application for the loan, the student is a citizen or permanent

resident of the United States, a resident of the state of Missouri as defined

by the coordinating board for higher education, is enrolled or has been

accepted for enrollment in an eligible higher education institution, and

establishes that the student has financial need. In considering which

eligible student borrowers may receive reduced-rate loans, the eligible

lending institution may give priority to those eligible student borrowers

whose income, or whose family income, if the eligible student borrower is a

dependent, is such that the eligible student borrower does not qualify for

need-based student financial aid pursuant to 20 U.S.C. 1078, as amended (the

Higher Education Amendments of 1986). The eligible lending institution shall

require the eligible student borrower to document that the student has

applied for and has obtained all need-based student financial aid for which

the student is eligible prior to application for a reduced-rate loan pursuant

to this section. In no case shall the combination of all financial aid

awarded to any student in any particular enrollment period exceed the total

cost of attendance at the institution in which the student is enrolled. No

eligible lending institution shall charge any additional fees, including but

not limited to an origination, service or insurance fee on any loan agreement

under the provisions of sections 30.750 to 30.765.



6. The eligible lending institution making an initial loan to an eligible

student borrower may make a renewal loan or loans to the student. The total

of such reduced-rate loans from eligible lending institutions made pursuant

to this section to any individual student shall not exceed the cumulative

totals established by 20 U.S.C. 1078, as amended. An eligible student

borrower shall certify on his or her loan application that the reduced-rate

loan shall be used exclusively to pay the costs of tuition, incidental fees,

books and academic supplies, room and board and other fees directly related

to enrollment in an eligible higher education institution. The eligible

lending institution shall make the loan payable to the eligible student

borrower and the eligible higher education institution as co-payees. The

method of repayment of the loan shall be the same as for repayment of loans

made pursuant to sections 173.095 to 173.186.



7. Beginning August 28, 2005, in considering which eligible multitenant

enterprise, eligible farming operation, eligible alternative energy

operation, eligible alternative energy consumer, eligible locally owned

business, eligible small business, eligible job enhancement business, eligible

marketing enterprise, eligible residential property developer, eligible

residential property owner, eligible governmental entity, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower, eligible facility borrower, or eligible water

supply system should receive reduced-rate loans, the eligible lending

institution shall give priority to an eligible multitenant enterprise,

eligible farming operation, eligible alternative energy operation, eligible

alternative energy consumer, eligible locally owned business, eligible small

business, eligible job enhancement business, eligible marketing enterprise,

eligible residential property developer, eligible residential property owner,

eligible governmental entity, eligible agribusiness, eligible beginning

farmer, eligible livestock operation, eligible student borrower, eligible

facility borrower, or eligible water supply system that has not previously

received a reduced-rate loan through the linked deposit program. However,

nothing shall prohibit an eligible lending institution from making a

reduced-rate loan to any entity that previously has received such a loan, if

such entity otherwise qualifies for such a reduced-rate loan.



(L. 1986 H.B. 1107 § 3, A.L. 1987 H.B. 294, A.L. 1988 H.B. 1260, A.L.

1989 S.B. 444, A.L. 1991 H.B. 51, et al., A.L. 1993 H.B. 566,

A.L. 1994 H.B. 1248 & 1048 merged with H.B. 1681, A.L. 1997 H.B.

H.B. 557, A.L. 2004 S.B. 1155, A.L. 2005 S.B. 270, A.L. 2007 H.B.

741, A.L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 883)





2008

2007

2005

2004

1997



2008



30.756. 1. An eligible lending institution that desires to

receive a linked deposit shall accept and review applications

for linked deposit loans from eligible farming operations,

eligible small businesses, eligible job enhancement businesses,

and eligible water supply systems. The lending institution

shall apply all usual lending standards to determine the credit

worthiness of each eligible farming operation, eligible small

business, eligible job enhancement business, or eligible water

supply system. No linked deposit loan made to any eligible

farming operation or eligible small business shall exceed fifty

thousand dollars and no service of separate loans may be made

which exceeds such limit to any single eligible farming

operation or eligible small business.



2. An eligible farming operation, small business or job

enhancement business shall certify on its loan application that

the reduced rate loan will be used exclusively for necessary

production expenses or the expenses listed in subsection 2 of

section 30.753 or the refinancing of an existing loan for

production expenses or the expenses listed in subsection 2 of

section 30.753 of an eligible farming operation, small business

or job enhancement business. Whoever knowingly makes a false

statement concerning such application is guilty of a class A

misdemeanor. An eligible water supply system shall certify on

its loan application that the reduced rate loan shall be used

exclusively to pay the costs of upgrading or repairing an

existing water system, constructing a new water system, or

making other capital improvements to a water system which are

necessary to improve the service capacity of the system.



3. In considering which eligible farming operations should

receive reduced rate loans, the eligible lending institution

shall give priority to those farming operations which have

suffered reduced yields due to drought or other natural

disasters and for which the receipt of a reduced rate loan will

make a significant contribution to the continued operation of

the recipient farming operation.



4. The eligible financial institution shall forward to the

state treasurer a linked deposit loan package, in the form and

manner as prescribed by the state treasurer. The package shall

include such information as required by the state treasurer,

deposit agreement provided in sections 30.750 to 30.765, to

shall certify that each applicant is an eligible farming

operation, eligible small business, eligible job enhancement

business, or eligible water supply system, and shall, for each

eligible farming operation, small business, eligible job

enhancement business, or eligible water supply system, certify

the present borrowing rate applicable.



2007



30.756. 1. An eligible lending institution that desires to

receive a linked deposit shall accept and review applications

for linked deposit loans from eligible farming operations,

eligible small businesses, eligible job enhancement businesses,

and eligible water supply systems. The lending institution

shall apply all usual lending standards to determine the credit

worthiness of each eligible farming operation, eligible small

business, eligible job enhancement business, or eligible water

supply system. No linked deposit loan made to any eligible

farming operation or eligible small business shall exceed fifty

thousand dollars and no service of separate loans may be made

which exceeds such limit to any single eligible farming

operation or eligible small business.



2. An eligible farming operation, small business or job

enhancement business shall certify on its loan application that

the reduced rate loan will be used exclusively for necessary

production expenses or the expenses listed in subsection 2 of

section 30.753 or the refinancing of an existing loan for

production expenses or the expenses listed in subsection 2 of

section 30.753 of an eligible farming operation, small business

or job enhancement business. Whoever knowingly makes a false

statement concerning such application is guilty of a class A

misdemeanor. An eligible water supply system shall certify on

its loan application that the reduced rate loan shall be used

exclusively to pay the costs of upgrading or repairing an

existing water system, constructing a new water system, or

making other capital improvements to a water system which are

necessary to improve the service capacity of the system.



3. In considering which eligible farming operations should

receive reduced rate loans, the eligible lending institution

shall give priority to those farming operations which have

suffered reduced yields due to drought or other natural

disasters and for which the receipt of a reduced rate loan will

make a significant contribution to the continued operation of

the recipient farming operation.



4. The eligible financial institution shall forward to the

state treasurer a linked deposit loan package, in the form and

manner as prescribed by the state treasurer. The package shall

include such information as required by the state treasurer,

deposit agreement provided in sections 30.750 to 30.765, to

shall certify that each applicant is an eligible farming

operation, eligible small business, eligible job enhancement

business, or eligible water supply system, and shall, for each

eligible farming operation, small business, eligible job

enhancement business, or eligible water supply system, certify

the present borrowing rate applicable.



2005



30.756. 1. An eligible lending institution that desires to receive a

linked deposit shall accept and review applications for linked deposit loans

from eligible multitenant enterprises, eligible farming operations, eligible

small businesses, eligible job enhancement businesses, eligible marketing

enterprises, eligible agribusinesses, eligible beginning farmers, eligible

livestock operations, eligible residential property developers, eligible

residential property owners, eligible student borrowers, eligible facility

borrowers, and eligible water supply systems. An eligible residential

property owner shall certify on his or her loan application that the reduced

rate loan will be used exclusively to purchase, develop or rehabilitate a

multifamily residential property. The lending institution shall apply all

usual lending standards to determine the credit worthiness of each eligible

multitenant enterprise, eligible farming operation, eligible small business,

eligible job enhancement business, eligible marketing enterprise, eligible

residential property developer, eligible residential property owner, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower, eligible facility borrower, or eligible water

supply system. No linked deposit loan made to any eligible farming operation,

eligible livestock operation, eligible agribusiness or eligible small business

shall exceed a dollar limit determined by the state treasurer in* the state

treasurer's best judgment, except as otherwise limited. Any link deposit loan

made to an eligible facility borrower shall be in accordance with the loan

amount and loan term requirements in section 30.860.



2. An eligible farming operation, small business or job enhancement

business shall certify on its loan application that the reduced rate loan will

be used exclusively for necessary production expenses or the expenses listed

in subsection 2 of section 30.753 or the refinancing of an existing loan for

production expenses or the expenses listed in subsection 2 of section 30.753

of an eligible farming operation, small business or job enhancement business.

Whoever knowingly makes a false statement concerning such application is

guilty of a class A misdemeanor. An eligible water supply system shall

certify on its loan application that the reduced rate loan shall be used

exclusively to pay the costs of upgrading or repairing an existing water

system, constructing a new water system, or making other capital improvements

to a water system which are necessary to improve the service capacity of the

system.



3. In considering which eligible farming operations should receive

reduced rate loans, the eligible lending institution shall give priority to

those farming operations which have suffered reduced yields due to drought or

other natural disasters and for which the receipt of a reduced rate loan will

make a significant contribution to the continued operation of the recipient

farming operation.



4. The eligible financial institution shall forward to the state

treasurer a linked deposit loan package, in the form and manner as prescribed

by the state treasurer. The package shall include such information as

required by the state treasurer, including the amount of each loan requested.

The institution shall certify that each applicant is an eligible farming

operation, eligible small business, eligible job enhancement business,

eligible marketing enterprise, eligible residential property developer,

eligible residential property owner, eligible agribusiness, eligible beginning

farmer, eligible livestock operation, eligible student borrower, eligible

facility borrower, or eligible water supply system, and shall, for each

eligible farming operation, small business, eligible job enhancement business,

eligible marketing enterprise, eligible residential property developer,

eligible residential property owner, eligible agribusiness, eligible beginning

farmer, eligible livestock operation, eligible student borrower, eligible

facility borrower, or eligible water supply system, certify the present

borrowing rate applicable.



5. The eligible lending institution shall be responsible for determining

if a student borrower is an eligible student borrower. A student borrower

shall be eligible for an initial or renewal reduced rate loan only if, at the

time of the application for the loan, the student is a citizen or permanent

resident of the United States, a resident of the state of Missouri as defined

by the coordinating board for higher education, is enrolled or has been

accepted for enrollment in an eligible higher education institution, and

establishes that the student has financial need. In considering which

eligible student borrowers may receive reduced rate loans, the eligible

lending institution may give priority to those eligible student borrowers

whose income, or whose family income, if the eligible student borrower is a

dependent, is such that the eligible student borrower does not qualify for

need-based student financial aid pursuant to 20 U.S.C. 1078, as amended (the

Higher Education Amendments of 1986). The eligible lending institution shall

require the eligible student borrower to document that the student has applied

for and has obtained all need-based student financial aid for which the

student is eligible prior to application for a reduced rate loan pursuant to

this section. In no case shall the combination of all financial aid awarded

to any student in any particular enrollment period exceed the total cost of

attendance at the institution in which the student is enrolled. No eligible

lending institution shall charge any additional fees, including but not

limited to an origination, service or insurance fee on any loan agreement

under the provisions of sections 30.750 to 30.765.



6. The eligible lending institution making an initial loan to an

eligible student borrower may make a renewal loan or loans to the student.

The total of such reduced rate loans from eligible lending institutions made

pursuant to this section to any individual student shall not exceed the

cumulative totals established by 20 U.S.C. 1078, as amended. An eligible

student borrower shall certify on his or her loan application that the reduced

rate loan shall be used exclusively to pay the costs of tuition, incidental

fees, books and academic supplies, room and board and other fees directly

related to enrollment in an eligible higher education institution. The

eligible lending institution shall make the loan payable to the eligible

student borrower and the eligible higher education institution as copayees.

The method of repayment of the loan shall be the same as for repayment of

loans made pursuant to sections 173.095 to 173.186, RSMo.



7. Beginning August 28, 2005, in considering which eligible multitenant

enterprise, eligible farming operation, eligible small business, eligible job

enhancement business, eligible marketing enterprise, eligible residential

property developer, eligible residential property owner, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower, eligible facility borrower, or eligible water

supply system should receive reduced-rate loans, the eligible lending

institution shall give priority to an eligible multitenant enterprise,

eligible farming operation, eligible small business, eligible job enhancement

business, eligible marketing enterprise, eligible residential property

developer, eligible residential property owner, eligible agribusiness,

eligible beginning farmer, eligible livestock operation, eligible student

borrower, eligible facility borrower, or eligible water supply system that has

not previously received a reduced-rate loan through the linked deposit

program. However, nothing shall prohibit an eligible lending institution from

making a reduced-rate loan to any entity that previously has received such a

loan, if such entity otherwise qualifies for such a reduced-rate loan.



2004



30.756. 1. An eligible lending institution that desires to receive a

linked deposit shall accept and review applications for linked deposit

loans from eligible multitenant enterprises, eligible farming operations,

eligible small businesses, eligible job enhancement businesses, eligible

marketing enterprises, eligible agribusinesses, eligible beginning farmers,

eligible livestock operations, eligible residential property developers,

eligible residential property owners, eligible student borrowers and

eligible water supply systems. An eligible residential property owner

shall certify on his loan application that the reduced rate loan will be

used exclusively to purchase, develop or rehabilitate a multifamily

residential property. The lending institution shall apply all usual

lending standards to determine the credit worthiness of each eligible

multitenant enterprise, eligible farming operation, eligible small

business, eligible job enhancement business, eligible marketing enterprise,

eligible residential property developer, eligible residential property

owner, eligible agribusiness, eligible beginning farmer, eligible livestock

operation, eligible student borrower or eligible water supply system. No

linked deposit loan made to any eligible farming operation, eligible

livestock operation, eligible agribusiness or eligible small business shall

exceed one hundred thousand dollars and no service of separate loans may be

made which exceeds such limit to any single eligible farming operation,

eligible livestock operation, eligible agribusiness or eligible small

business.



2. An eligible farming operation, small business or job enhancement

business shall certify on its loan application that the reduced rate loan

will be used exclusively for necessary production expenses or the expenses

listed in subsection 2 of section 30.753 or the refinancing of an existing

loan for production expenses or the expenses listed in subsection 2 of

section 30.753 of an eligible farming operation, small business or job

enhancement business. Whoever knowingly makes a false statement concerning

such application is guilty of a class A misdemeanor. An eligible water

supply system shall certify on its loan application that the reduced rate

loan shall be used exclusively to pay the costs of upgrading or repairing

an existing water system, constructing a new water system, or making other

capital improvements to a water system which are necessary to improve the

service capacity of the system.



3. In considering which eligible farming operations should receive

reduced rate loans, the eligible lending institution shall give priority to

those farming operations which have suffered reduced yields due to drought

or other natural disasters and for which the receipt of a reduced rate loan

will make a significant contribution to the continued operation of the

recipient farming operation.



4. The eligible financial institution shall forward to the state

treasurer a linked deposit loan package, in the form and manner as

prescribed by the state treasurer. The package shall include such

information as required by the state treasurer, including the amount of

each loan requested. The institution shall certify that each applicant is

an eligible farming operation, eligible small business, eligible job

enhancement business, eligible marketing enterprise, eligible residential

property developer, eligible residential property owner, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower or eligible water supply system, and shall, for

each eligible farming operation, small business, eligible job enhancement

business, eligible marketing enterprise, eligible residential property

developer, eligible residential property owner, eligible agribusiness,

eligible beginning farmer, eligible livestock operation, eligible student

borrower or eligible water supply system, certify the present borrowing

rate applicable.



5. The eligible lending institution shall be responsible for

determining if a student borrower is an eligible student borrower. A

student borrower shall be eligible for an initial or renewal reduced rate

loan only if, at the time of the application for the loan, he is a citizen

or permanent resident of the United States, a resident of the state of

Missouri as defined by the coordinating board for higher education, is

enrolled or has been accepted for enrollment in an eligible higher

education institution, and establishes that he has financial need. In

considering which eligible student borrowers may receive reduced rate

loans, the eligible lending institution may give priority to those eligible

student borrowers whose income, or whose family income, if the eligible

student borrower is a dependent, is such that the eligible student borrower

does not qualify for need-based student financial aid pursuant to 20 U.S.C.

1078, as amended (the Higher Education Amendments of 1986). The eligible

lending institution shall require the eligible student borrower to document

that he has applied for and has obtained all need-based student financial

aid for which he is eligible prior to application for a reduced rate loan

pursuant to this section. In no case shall the combination of all

financial aid awarded to any student in any particular enrollment period

exceed the total cost of attendance at the institution in which the student

is enrolled. No eligible lending institution shall charge any additional

fees, including but not limited to an origination, service or insurance fee

on any loan agreement under the provisions of sections 30.750 to 30.765.



6. The eligible lending institution making an initial loan to an

eligible student borrower may make a renewal loan or loans to the student.

The total of such reduced rate loans from eligible lending institutions

made pursuant to this section to any individual student shall not exceed

the cumulative totals established by 20 U.S.C. 1078, as amended. An

eligible student borrower shall certify on his loan application that the

reduced rate loan shall be used exclusively to pay the costs of tuition,

incidental fees, books and academic supplies, room and board and other fees

directly related to enrollment in an eligible higher education institution.

The eligible lending institution shall make the loan payable to the

eligible student borrower and the eligible higher education institution as

copayees. The method of repayment of the loan shall be the same as for

repayment of loans made pursuant to sections 173.095 to 173.186, RSMo.



1997



30.756. 1. An eligible lending institution that desires to receive a

linked deposit shall accept and review applications for linked deposit

loans from eligible farming operations, eligible small businesses, eligible

job enhancement businesses, eligible marketing enterprises, eligible

agribusinesses, eligible beginning farmers, eligible livestock operations,

eligible residential property developers, eligible residential property

owners, eligible student borrowers and eligible water supply systems. An

eligible residential property owner shall certify on his loan application

that the reduced rate loan will be used exclusively to purchase, develop or

rehabilitate a multifamily residential property. The lending institution

shall apply all usual lending standards to determine the credit worthiness

of each eligible farming operation, eligible small business, eligible job

enhancement business, eligible marketing enterprise, eligible residential

property developer, eligible residential property owner, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower or eligible water supply system. No linked

deposit loan made to any eligible farming operation, eligible livestock

operation, eligible agribusiness or eligible small business shall exceed

one hundred thousand dollars and no service of separate loans may be made

which exceeds such limit to any single eligible farming operation, eligible

livestock operation, eligible agribusiness or eligible small business.



2. An eligible farming operation, small business or job enhancement

business shall certify on its loan application that the reduced rate loan

will be used exclusively for necessary production expenses or the expenses

listed in subsection 2 of section 30.753 or the refinancing of an existing

loan for production expenses or the expenses listed in subsection 2 of

section 30.753 of an eligible farming operation, small business or job

enhancement business. Whoever knowingly makes a false statement concerning

such application is guilty of a class A misdemeanor. An eligible water

supply system shall certify on its loan application that the reduced rate

loan shall be used exclusively to pay the costs of upgrading or repairing

an existing water system, constructing a new water system, or making other

capital improvements to a water system which are necessary to improve the

service capacity of the system.



3. In considering which eligible farming operations should receive

reduced rate loans, the eligible lending institution shall give priority to

those farming operations which have suffered reduced yields due to drought

or other natural disasters and for which the receipt of a reduced rate loan

will make a significant contribution to the continued operation of the

recipient farming operation.



4. The eligible financial institution shall forward to the state

treasurer a linked deposit loan package, in the form and manner as

prescribed by the state treasurer. The package shall include such

information as required by the state treasurer, including the amount of

each loan requested. The institution shall certify that each applicant is

an eligible farming operation, eligible small business, eligible job

enhancement business, eligible marketing enterprise, eligible residential

property developer, eligible residential property owner, eligible

agribusiness, eligible beginning farmer, eligible livestock operation,

eligible student borrower or eligible water supply system, and shall, for

each eligible farming operation, small business, eligible job enhancement

business, eligible marketing enterprise, eligible residential property

developer, eligible residential property owner, eligible agribusiness,

eligible beginning farmer, eligible livestock operation, eligible student

borrower or eligible water supply system, certify the present borrowing

rate applicable.



5. The eligible lending institution shall be responsible for

determining if a student borrower is an eligible student borrower. A

student borrower shall be eligible for an initial or renewal reduced rate

loan only if, at the time of the application for the loan, he is a citizen

or permanent resident of the United States, a resident of the state of

Missouri as defined by the coordinating board for higher education, is

enrolled or has been accepted for enrollment in an eligible higher

education institution, and establishes that he has financial need. In

considering which eligible student borrowers may receive reduced rate

loans, the eligible lending institution may give priority to those eligible

student borrowers whose income, or whose family income, if the eligible

student borrower is a dependent, is such that the eligible student borrower

does not qualify for need-based student financial aid pursuant to 20 U.S.C.

1078, as amended (the Higher Education Amendments of 1986). The eligible

lending institution shall require the eligible student borrower to document

that he has applied for and has obtained all need-based student financial

aid for which he is eligible prior to application for a reduced rate loan

pursuant to this section. In no case shall the combination of all

financial aid awarded to any student in any particular enrollment period

exceed the total cost of attendance at the institution in which the student

is enrolled. No eligible lending institution shall charge any additional

fees, including but not limited to an origination, service or insurance fee

on any loan agreement under the provisions of sections 30.750 to 30.765.



6. The eligible lending institution making an initial loan to an

eligible student borrower may make a renewal loan or loans to the student.

The total of such reduced rate loans from eligible lending institutions

made pursuant to this section to any individual student shall not exceed

the cumulative totals established by 20 U.S.C. 1078, as amended. An

eligible student borrower shall certify on his loan application that the

reduced rate loan shall be used exclusively to pay the costs of tuition,

incidental fees, books and academic supplies, room and board and other fees

directly related to enrollment in an eligible higher education institution.

The eligible lending institution shall make the loan payable to the

eligible student borrower and the eligible higher education institution as

copayees. The method of repayment of the loan shall be the same as for

repayment of loans made pursuant to sections 173.095 to 173.186, RSMo.



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