Section 5-28-30-11 - Conditions The conditions referred to in section 10 of this chapter are as follows:
(1) A new or additional guarantee of a loan or lease under section 10, 12, or 17 of this chapter may not be entered into if the guarantee would cause the outstanding total guarantee obligations with respect to all loans and leases guaranteed under sections 10, 12, and17 of this chapter to exceed eight (8) times the amount of money in the guaranty fund.(2) The amount of all guarantees by the corporation of loans or leases to or for the benefit of any single industrial development project, mining operation, or agricultural operation that involves the processing of agricultural products may not exceed two million dollars ($2,000,000), less the outstanding total principal balance under any loans made and owed to the corporation under section 17 of this chapter to or for the benefit of the project or operation.(3) A guarantee of either a loan secured by real estate or a real estate lease may not exceed ninety percent (90%) of the unpaid principal balance of the loan from time to time outstanding or ninety percent (90%) of the amount of any lease payment, as applicable, or ninety percent (90%) of the appraised fair market value of the real estate, whichever is less.(4) A guarantee of a loan secured by personal property or of a personal property lease may not exceed seventy-five percent (75%) of the unpaid principal balance of the loan from time to time outstanding or seventy-five percent (75%) of the amount of any lease payment, as applicable, or seventy-five percent (75%) of the fair market value of the personal property, whichever is less.(5) A guarantee involving both real estate and personal property may not exceed the percentage proportionate to each type of property.(6) To be eligible for a guarantee under section 10 of this chapter, a loan or lease must: (A) be one that is to be made to and held by a lender or lessor approved by the corporation as responsible and able to service the loan or lease properly;(B) involve a principal obligation or lease payments, as applicable, which may include initial service charges and appraisal, inspection, and other fees approved by the corporation;(C) have a maturity or term satisfactory to the corporation but in no case later than twenty (20) years from the date of the guarantee;(D) contain payment terms satisfactory to the corporation requiring periodic payments by the developer or user, including principal and interest payments, cost of local property taxes and assessments, land lease rentals, if any, insurance on the property, as applicable, and any guarantee premiums required by the corporation; and(E) contain any terms and provisions with respect to property insurance, repairs, alterations, payment of taxes and assessments, default reserves, delinquency charges, default remedies, anticipation of maturity, additional and secondary liens, and other matters that the corporation may prescribe.(7) The proposed guarantee or direct loan has been submitted to the budget agency. The budget agency shall verify whether money is available for the proposal and that the proposal is in compliance with this chapter. The budget agency may submit the proposal, with its comments, to the budget committee for review. The corporation may not approve a guarantee or direct loan until the budget committee has reviewed the guarantee or direct loan.Amended by P.L. 189-2018,SEC. 53, eff. 7/1/2018.As added by P.L. 162-2007, SEC.25.