lightning, inherent explosion, and wind- | Each terminal or subterminal warehouse storm, cyclone, and tornado. Commod-receipt must also be accompanied by the ity Credit Corporation will not accept original or duplicate original, official inwarehouse receipts indicating any lien bound, weight and inspection certificates for charges prior to unloading in or de- and protein certificate properly identilivery to the warehouse issuing such re-fied to the wheat covered thereby, Proceipts. Lien for storage charges will be vided, That in the foregoing States and recognized by Commodity Credit Corpo- at terminal and subterminal warehouses ration only from May 15, 1939, or the in other areas where licensed inspectors dates of the warehouse receipts, whichare not available, certificates of the wareever is later. Such receipts must set out houseman and licensed grain inspector in their written or printed terms the as to grade may be accepted. Such offigross weight or bushels, the class and cial inbound weight and inspection cergrade, degree or percentage of smut or tificates must represent wheat unloaded garlic and dockage of the wheat repre- in the warehouse issuing said receipt and, sented thereby, and all other facts and except as stated above, the inspection statements required to be stated in the certificate must be issued by an inspector written or printed terms of a negotiable licensed under the United States Grain warehouse receipt under the provisions of Standards Act. In the case of warehouse section 2 of the Uniform Warehouse Re-receipts issued by any terminal or subceipts Act; such weight, grade, and protein determination (if any) shall be on basis of the inbound movement or delivery of grain to any approved warehouse; Provided, Warehouse receipts in statutory form must be accompanied by a certificate of the warehouseman identified to the warehouse receipt, setting forth the information required above which may not be included in such statutory receipts. The moisture content of the wheat also must be shown except for wheat stored in following States: California, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming. (In the States of California, Idaho, Nevada, Oregon, Utah, and Washington where it is not the practice of warehousemen to show grade of wheat on the warehouse receipt, such receipt may be accompanied by a certificate of the warehouseman identifying the inspection certificate and protein content to said warehouse receipt in the following form): I hereby certify that a representative sample was drawn by me from the wheat stored under warehouse receipt No. ---- that said sample was submitted to an inspector 11censed under the U. S. Grain Standards Act and that this is the grade certificate that was issued thereon, and I agree further, on presentation of such warehouse receipt, to deliver to the holder thereof the identical grain represented thereby, or wheat of equal country-run quality of the same class and grade and protein, said protein to be delivered within tolerance of one-half of 1 percent if original wheat was analyzed for pro tein: (Warehouseman) terminal warehouse, each warehouse receipt except those covering wheat of the subclasses soft white, western white, white club, red winter, western red, and red durum in any State and hard winter or yellow hard winter produced in the States east of the Mississippi River must either show the protein content, as determined by a recognized protein-testing laboratory approved by the terminal or subterminal market, or be accompanied by an original or duplicate certificate issued by such laboratory showing the protein content and properly identified as to the wheat covered thereby either by the respective warehouse receipt number, or the bin number and warehouse description, or by car number: Provided, That the requirement for protein analysis on Hard Winter Wheat received by approved warehouses in the area served by the St. Louis Loan Agency of Reconstruction Finance Corporation is waived.* [1939 CCC Wheat Form 1, as amended by 1939 Wheat Circular Letter 1, July 21, 1939; 4 F.R. 3541, 3547] NOTE: This section was amended by the addition of the proviso at the end thereof, by 1939 Wheat Circular Letter 1, July 21, 1939; 4 F.R. 3547. CROSS REFERENCE: For regulations under the United States Grain Standards Act, see 7 CFR Part 26. § 208.11 Farm storage. Wheat stored on the farm must have been stored in the granary at least 30 days prior to its inspection for measurement, sampling, and sealing. In accordance with regulations issued by the Secretary of Agriculture, the State and county agricultural conservation committees will inspect and approve storage facilities and will arrange for measuring, sampling, grading, and sealing the wheat collateral in approved structures. Chattel mortgages covering farm-stored wheat must be executed and filed in accordance with the applicable State law. Producers may obtain information and assistance from the county agricultural conservation committees in regard to the execution and filing of such chattel mortgages. Where the borrower is a tenant farmer, and the wheat collateral is stored on the farm, the expiration date of the lease shall be given in section 2 (c) of the chattel mortgage (1939 CCC Wheat Form AA). If the expiration date of the lease is prior to July 1, 1940, the landlord shall execute the Consent for Storage, section 13 of 1939 CCC Wheat Form AA. The consent agreement shall also be signed by any other party or parties entitled to possession. Each producer must designate in section 4 of the Mortgage (1939 a shipping point reasonably convenient for the delivery of the wheat as determined by the county committee. Notes and mortgages will not be acceptable which provide a shipping point other than the normal shipping point customarily used by the producers in the locality in which the wheat was produced. A separate note and chattel mortgage must be submitted for wheat stored on each quarter section of land. Commodity Credit Corporation will pay 7 cents per bushel for storing the wheat for the period ending April 30, 1940, or the date of the delivery of such wheat to Commodity Credit Corporation, whichever is later; Provided, Such payment will be conditioned upon the delivery of the mortgaged wheat of the quantity and quality described in the chattel mortgage; Provided further, If delivered prior to April 30, 1940, one-half cent per bushel per month storage will be allowed for time stored.*† CCC Wheat Form AA) CROSS REFERENCE: For commodity loan regulations of the Secretary of Agriculture, see 7 CFR Part 712. gagor and spouse. Mortgagor's affidavit of good faith and receipt must be completed by the mortgagor and spouse, and the mortgagee's affidavit of good faith must be completed by a member of the county committee as agent for Commodity Credit Corporation. The mortgage must be recorded in the office of the recorder of the county in which the wheat is stored, and if the mortgagor is a resident of another county in the State, a duplicate executed copy of the mortgage must be recorded in the office of the recorder of the county in which such mortgagor resides. Colorado. The mortgage must be executed and acknowledged by the mortgagor. The original or a duplicate copy thereof must be filed for record in the office of the clerk and recorder of the county in which the wheat is stored. Idaho. The mortgage must be executed and acknowledged by the mortgagor and spouse. The original or a duplicate copy must have typed or stamped thereon the following affidavit signed and acknowledged by a member of the county committee as agent of Commodity Credit Corporation: The undersigned, being duly sworn, deposes and states that he is the agent of foregoing mortgage is a true and Commodity Credit Corporation and that the correct copy of the original mortgage executed by the mortgagor. Agent of Commodity Credit Corporation Subscribed and sworn to before me this day of 193_. Notary Public The original or a duplicate copy with the foregoing affidavit must be filed for record in the office of the county recorder of the county in which the wheat is stored. Illinois. The mortgage must be executed and acknowledged by the mortgagor. The original mortgage must be endorsed by the mortgagee or his agent as follows: "This mortgage to be filed but not recorded", and filed for record within 10 days from the date of execution in the office of the recorder of deeds of the county in which the mortgagor resides, or, if a nonresident of the State in the office of the recorder of deeds of the county in which the wheat is stored. California. The mortgage must be ex- Commodity Credit Corporation will not ecuted and acknowledged by the mort-accept any note secured by mortgage § 208.12 Chattel mortgages. All documents must be carefully examined as to compliance with the following requirements: filed for record later than 10 days after, wheat is situated in cities of the first the date of the note and mortgage. Indiana. The mortgage must be executed and acknowledged by the mortgagor. The original mortgage must be filed for record within 10 days from the date of execution in the office of the recorder of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the recorder of the county in which the wheat is stored. Commodity Credit Corporation will not accept any note secured by mortgage recorded later than 10 days after the date of the note and mortgage. Iowa. The mortgage must be executed and acknowledged by the mortgagor and spouse. The original or a duplicate copy must be filed for record in the office of the recorder of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the recorder of the county in which the wheat is stored. Kansas. The mortgage must be executed by the mortgagor and spouse. The original or a duplicate copy must be filed for record immediately upon the execution of the mortgage in the office of the register of deeds of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the register of deeds of the county in which the wheat is stored. Commodity Credit Corporation will not accept any note secured by mortgage filed for record later than 10 days after the date of the note and mortgage. Michigan. The mortgage must be executed by the mortgagor. The mortgagor's affidavit of good faith and receipt on such mortgage must be completed by the mortgagor. The original or a duplicate copy of the mortgage must be filed for record in the office of the register of deeds of the county in which the wheat is stored. If the mortgagor resides in another county within the State, the triplicate copy of the mortgage must be certified as a true copy and filed for record in the office of the register of deeds of such county. Minnesota. The chattel mortgage must be executed by the mortgagor in the presence of two witnesses and duly acknowledged. The original chattel mortgage must be filed in the office of the register of deeds of the county in which the wheat is situated, unless the class, whereupon the chattel mortgage must be filed in the office of the city clerk of the municipality where the wheat is situated. A full, true, and correct copy of the chattel mortgage must be delivered to the mortgagor whose receipt therefor is contained in the body of the mortgage. Missouri. The mortgage must be executed and acknowledged by the mortgagor. The original or a duplicate copy of the mortgage must be filed for record in the office of the recorder of deeds of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the recorder of deeds of the county in which the wheat is stored. Montana. The mortgage must be executed and acknowledged by the mortfor copy of mortgage and such receipt gagor. Mortgagor must execute receipt must accompany the mortgage when presented for filing and be filed therewith. Mortgagee's affidavit of good faith must be completed by the payee of the note or in the case of direct loans by a member of the county committee as agent of the Commodity Credit Corporation and must be attached to the mort gage. The original mortgage, together with affidavit of good faith or a copy thereof certified to be correct by the officer before whom the same was acknowledged or verified or by the county clerk and recorder with whom it is filed, must be filed in the office of the county clerk and recorder of the county where the wheat is situated at the time of the execution of the mortgage, accompanied by the receipt for a copy of the mortgage. executed and acknowledged by the mortgagor, and the original or a duplicate copy of the mortgage must be filed in the office of the county clerk of the county in which the wheat is stored. New Mexico. The mortgage must be Nebraska. The mortgage must be executed by the mortgagor. The original or a duplicate copy of the mortgage must be filed for record in the office of the county clerk of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the county clerk of the county in which the wheat is stored. Nevada. The mortgage must be executed and acknowledged by the mort gagor. The mortgagor's affidavit of good faith and receipt must be completed by the mortgagor and the mortgagee's affidavit of good faith must be completed by a member of the county committee as agent of Commodity Credit Corporation. The original or a duplicate copy of the mortgage must be filed for record in the office of the county recorder of the county in which the wheat is stored. If the mortgagor is a resident of another county in the State, the triplicate copy of the mortgage must be certified as a true copy and filed for record in the office of the county recorder of the county in which such mortgagor resides. Oregon. The mortgages must be executed and acknowledged by the mortgagor. The original or a duplicate copy must be filed for record in the office of the recorder of conveyances (in counties where there is such an office), otherwise in the office of the county clerk of the county in which the wheat is stored. The South Dakota. The chattel mortgage must be executed by the mortgagor in the presence of two persons who must sign as witnesses thereto, or it may be acknowledged before some officer qualified by the laws of the State of South Dakota to take acknowledgments. orginial chattel mortgage, or an authenticated copy thereof, must be filed in the office of the register of deeds of the county where the wheat mortgaged, or any part thereof, is situated. A full, true and complete copy of the mortgage must be delivered to the mortgagor, whose receipt therefor is contained in the body of the mortgage. North Dakota. The mortgage must be executed by the mortgagor and spouse in the presence of two witnesses who must sign the same as witnesses thereto, or must be acknowledged before some official qualified to take acknowledgments. The mortgagor's receipt for copy of mortgage must be signed by the mortgagor and spouse and attached to the mortgage and must accompany the mortgage when presented for filing and be filed therewith. The original mort-acknowledged before an officer qualified gage with receipt for copy attached thereto must be filed in the office of the register of deeds in the county in which the wheat is stored. Ohio. The mortgage must be executed by the mortgagor. The mortgagee's affidavit of good faith must be completed by the payee except in the case of direct loans, in which event it must be completed by a member of the county committee as agent of Commodity Credit Corporation. The original or a duplicate copy must be filed in the office of the county recorder of the county in which the mortgagor resides, or, if a nonresident of the State, in the office of the county recorder of the county in which the wheat is stored. Oklahoma. The mortgage must be properly executed and acknowledged by the mortgagor in the presence of a notary public or officer authorized to administer oaths. Commodity Credit Corporation will not accept any note secured by a mortgage wherein the execution has been witnessed and not acknowledged. The original or a duplicate copy of the mortgage must be filed for record in the office of the county clerk of the county in which the wheat is stored. Texas. The mortgage must be executed by the mortgagor either in the presence of two witnesses or it must be to take the acknowledgments. The original or a duplicate copy of the mortgage must be filed for record immediately in the office of the county clerk of the county in which the wheat is stored or where the mortgagor resides. If the mortgagor is a nonresident of the State, it must be filed in the office of the county clerk of the county in which the wheat is stored. The Commodity Credit Corporation will not accept any note secured by a mortgage filed for record later than 10 days after the date of the note and mortgage. Utah. The mortgage must be executed by the mortgagor and spouse in the presence of one witness. The mortgagor's affidavit of good faith and receipt must be completed by the mortgagor, and the mortgagee's affidavit of good faith must be completed by the payee of the note or in case of direct loans, by a member of the county committee, as agent of Commodity Credit Corporation. The original or a duplicate copy of the mortgage must be filed for record in the office of the recorder of the county in which the mortgagor resides, or if a nonresident of the State, in the office of the recorder of the county in which the wheat is stored. Washington. The mortgage must be a direct loan from Commodity Credit executed and acknowledged by the mort- Corporation be made payable to him gagor. The mortgagor's affidavit of good and/or such other person or concern as faith and receipt must be completed by he may direct thereon. Producers should the mortgagor. The original or a dupli- read carefully all real estate or other cate copy of the mortgage must be filed mortgages previously given by them in for record within 10 days from the date order to be sure that crops are not covof execution in the office of the county auditor of the county in which the wheat ered thereby. Any fraudulent misrepis stored. Commodity Credit Corpora-resentation of fact made in the execution will not accept any note secured by tion of the note and mortgage or loan mortgage filed for record later than 10 agreement and related forms shall rendays after the date of the note and der the producer personally liable for mortgage. the amount of the loan and subject to the provisions of the United States Criminal Code.** Wisconsin. The chattel mortgage must be executed by the mortgagor and spouse in the presence of two witnesses. The original mortgage must be filed with the register of deeds in the county in which the property is located. Wyoming. The mortgage must be executed and acknowledged by the mortgagor. The original or a duplicate copy must be filed for record in the office of the register of deeds in the county in which the wheat is stored.*t § 208.13 Liens. The wheat collateral must be free and clear of all liens except in favor of the lienholders listed in the space provided therefor in 1939 CCC Wheat Form AA or B. The names of the holders of all existing liens on the pledged or mortgaged wheat, such as landlord, laborers, threshers, or mortgagees, must be listed in the space provided therefor in the mortgage or loan agreement. The waiver and consent to the pledge or mortgage of the wheat and the payment of the proceeds of the loan and the proceeds of the sale of the wheat solely to the producer as contained in the mortgage or loan agreement must be signed personally by all lienholders listed or by their agents, whose duly executed authority must be attached firmly; or, if corporations, by the designated officer thereof customarily authorized to execute such instruments, in which case the duly executed authority need not be attached. (In lieu of signing the section of the chattel mortgage or loan agreement entitled "List of Lienholders and Their Waivers and Consent To Pledge", lienholders may sign 1939 CCC Wheat Form AB, which must completely identify the related note.) The producer may direct in the Letter of Transmittal (1939 CCC Wheat Form C) that the proceeds check for § 208.14 Insurance—(a) Wheat stored on farms. All producers shall provide insurance on wheat stored on the farm for not less than the amount of the loan with accrued interest to maturity. Such insurance shall be evidenced by a certificate in the form printed as § 208.14a, issued by a company or association licensed to do business in the State in which the wheat is stored. The insurance coverage may be obtained through the customary channels and the form of certificate required shall be furnished by the agent writing same. A different form of certificate must be used in the State of Texas, specimen copies of which may be obtained from the Dallas Loan Agency of the Reconstruction Finance Corporation. (b) Wheat stored in approved warehouses. With respect to wheat stored in approved public grain warehouses the warehouseman shall provide insurance against the perils of fire, lightning, inherent explosion, and windstorm, cyclone, and tornado for the full market value thereof so long as receipts are outstanding. (c) Insurance carried by Commodity Credit Corporation. In addition to the foregoing, Commodity Credit Corporation has obtained a blanket insurance policy which protects it in the event of any loss by or in consequence of damage to or destruction of the pledged or mortgaged wheat arising from fire and lightning; cyclone, tornado, windstorm, and hail; theft and wrongful conversion; flood and inherent explosion. This policy is in the nature of errors and omissions, and excess insurance, and the cost is nine-tenths of 1 cent per $100 per month on the daily average balance of |