(a) In carrying out the responsibilities of administering the loan program the Foundation shall be entitled to:
- (1) Adopt an application and other forms for processing applications and closing loan transactions.
- (2) Establish a prequalification system for potential loan applicants.
- (3) Establish schedules and timelines for processing applications and making loan decisions.
- (4) Require the submission by applicants of a farm plan which includes a loan repayment plan.
- (5) Provide assurances to commercial or other lenders regarding willingness to subordinate Foundation loans to commercial or other loans needed to acquire farmland.
- (6) Structure and restructure the payment provisions of loans, provided however, that payments due the Foundation under any loan shall not be forgiven in whole or in part.
- (7) Have appraisals performed under an appraisal methodology approved by the Foundation to determine the fair market value and preservation easement value of loan eligible farmland property.
- (8) Develop selection criteria for approving loans involving competing applicants, with emphasis on selecting on a priority basis the loan applicant or applicants who request a loan with the lowest percentage value of the appraised preservation easement value of the eligible farmland.
- (9) Subordinate Foundation loans to commercial financing provided to support farming operations conducted on the purchased farmlands.
- (10) Cooperate with commercial lenders and others providing financing for the purchase of eligible farmlands to facilitate the successful completion of purchase transactions.
- (11) Establish a system for annual reporting by loan recipients to assure that the loan recipients are actively engaged in agricultural usage of the acquired farmlands.
- (b) The Foundation shall be entitled to advertise and promote the loan program, and create public awareness of the agricultural land preservation, open space and environmental benefits which the program provides.
- (c) The Foundation shall be entitled to adopt rules of practice and procedure for administering the loan program.
78 Del. Laws, c. 157, § 1