FS-2700-12 Agreement Concerning a Loan for a Holder of a Special Us

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FS-2700-12 (XX/202X)
USDA Forest Service
OMB No. 0596-0082
AGREEMENT CONCERNING A LOAN
FOR A HOLDER OF A SPECIAL USE AUTHORIZATION

This agreement (Agreement) is made by the UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES
FOREST SERVICE (the Forest Service); [name of lender], a [name of state] [type of institution, e.g., bank or credit union]
(the Lender); and [name of borrower], a [name of state] [corporation, partnership, other entity, or individual] (the
Borrower).
A. STATEMENT OF MUTUAL BENEFITS AND INTERESTS

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1. On [date], the Forest Service issued a [Type of Special Use Authorization], Authorization Identification Number
(the Authorization), to the Borrower for a term of
years.
2. The Authorization authorizes the Borrower to use and occupy certain National Forest System lands for the purpose of
constructing, operating, and maintaining a [type of authorized use]. The Authorization covers National Forest System
lands in [legal description of property], [county name] County, [name of state] (the Property).

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3. The Property is owned by the United States and managed under statutory authority granted to the Forest Service.
4. Under the Authorization, physical improvements, machinery, and equipment owned by the Borrower that are located
on the Property (the Improvements) are personal property, not fixtures.
5. The Borrower ["intends to provide" or "provides"] products and services to the public under the terms of the
Authorization.

6 The Borrower has applied to the Lender for a loan. As collateral for the loan, the Lender has proposed to take a security
interest in the Improvements [and __% of the stock issued by ________].
7. The Lender has agreed to make a loan to the Borrower in the amount of $
(the Loan), with a maturity of
months from the date of the note (the Note) for the Loan, subject to the execution of this Agreement.

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8. The Forest Service believes that the public will benefit from the products and services provided by the Borrower under
the terms of the Authorization.
9. The Forest Service desires the cooperation of the Lender in connection with the financing of the Improvements by the
Lender.
10. The Lender desires to provide the Loan to the Borrower, which will finance recreational or other operations that
provide a public service on National Forest System lands, thereby benefiting the Forest Service's special uses program.
11. The Lender and the Borrower desire the cooperation of the Forest Service in connection with financing of the
Improvements by the Lender.
B. THE PARTIES AGREE AS FOLLOWS:

1. The Authorization is revocable, terminable, and [not transferable/assignable] in accordance with its terms and federal
regulations. The Authorization is not real property, does not convey any interest in real property, and may not be used as
collateral for the Loan.

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2. As collateral for the Loan, the Borrower is giving the Lender a security interest in the Improvements, and the Forest
Service acknowledges the creation of that security interest at the request of the Lender. No security interest is created in
the Property or in any improvements owned by the United States. Nothing in this Agreement is intended to abridge any
rights that the Lender may have under applicable law in connection with the Improvements.

2. As collateral for the Loan, the Pledgor, [name of Pledgor], has pledged to the Lender [percentage] % of the stock
issued by [name of entity], and the Forest Service acknowledges this pledge at the request of the Lender. As additional
collateral for the Loan, the Borrower is giving the Lender a security interest in the Improvements, and the Forest Service
acknowledges the creation of that security interest at the request of the Lender. No security interest is created in the
Property or in any improvements owned by the United States. Nothing in this Agreement is intended to abridge any rights
that the Lender may have under applicable law in connection with the Improvements.
3. The Borrower is in compliance with the terms of the Authorization.

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4. The United States receives land use fees from the Borrower as provided in the Authorization. The land use fees and
other Authorization provisions may be modified or replaced under the terms of the Authorization or federal regulations.

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5. Any transfer of title to the Improvements [or change in majority control of the Borrower] shall result in termination of the
Authorization. Prior to any transfer of title to the Improvements [or change in majority control of the Borrower], the Forest
Service shall coordinate with the Lender in obtaining an acceptable authorization] holder. Issuance of a new authorization
shall be at the sole discretion of the Forest Service. The Forest Service shall determine that the prospective holder meets
requirements under Forest Service regulations, including financial and technical capability. Pursuant to federal
regulations, it is Forest Service policy not to issue a new authorization for a [type of authorized use] to any individual or
entity that does not hold title to the Improvements [or have control of the Borrower]. Transfer of title to the Improvements
[or change in control of the Borrower] shall be subject to the terms of the Note, security agreement, and any other
documentation made or executed in conjunction with the Loan (the Loan Documents).

File Typeapplication/pdfFile TitleFS-2700-12 Agreement Concerning a Loan for a Holder of a Special Use PermitFile Modified2025-06-23File Created2024-08-20