Page:United States Statutes at Large Volume 91.djvu/1170

 91 STAT. 1136

Premiums and other charges, establishment.

PUBLIC LAW 95-128—OCT. 12, 1977 mortgage pursuant to this subsection shall be the obligation of the Special Risk Insurance F u n d. " (2) The Secretary is authorized (A) to establish such premiums and other charges as may be necessary to assure that the mortgage insurance program pursuant to this subsection is made available on a basis which, in the Secretary's judgment, is designed to be actuarially sound and likely to maintain the fiscal integrity of such program, and (B) to prescribe such terms and conditions relating to insurance pursuant to this subsection as may be found by the Secretary to be necessary and appropriate, and which are to the maximum extent possible, consistent with provisions otherwise applicable to mortgage insurance and payment of insurance benefits.". EXPERIMENTAL FINANCING

12 USC 1715Z-10.

Principal obligation, limitation.

12 USC 1709.

Ante, p. 1132. Graduated mortgage provisions.

.l-:-xf.|: •

SEC. 310. (a) Section 245 of the National Housing Act is amended— (1) by striking out "on an experimental basis" in the first sentence; (2) by striking out the second sentence and inserting in lieu thereof the following: "Notwithstanding any other provision of this title the principal obligation (including all interest to be deferred and added to principal) of a mortgage insured pursuant to this section may not exceed 97 per centum of the appraised value of the property covered by the mortgage as of the date the mortgage is accepted for insurance, or if the mortgagor is a veteran and the mortgage is to be insured in accordance with the provisions of section 203 of this title, such higher percentage of appraised value as is provided for purposes of determining the maximum mortgage amount eligible for insurance under section 203(b)(2) in the case of veterans,"; and (3) by adding at the end thereof the following new sentence: " Any mortgage or loan insured pursuant to this section which contains or sets forth any graduated mortgage provisions (including but not limited to provisions for adding deferred interest to principal) which are authorized under this section and applicable regulations, or which have been insured on the basis of their being so authorized, shall not be subject to any State constitution, statute, court decree, common law, or rule or public policy limiting the amount of interest which may be charged, taken, received, or reserved, or the manner of calculating such interest (including but not limited to prohibitions against the charging of interest on interest), if such statute, court decree, common law, or rule would not apply to the mortgage or loan in the absence of such graduated payment mortgage provisions.". (b) The caption of section 245 of such Act is amended to read as follows: "GRADUATED PAYMENT MORTGAGES".

TITLE IV—LENDING POWERS OF FEDERAL AND LOAN ASSOCIATIONS; SECONDARY AUTHORITIES

SAVINGS MARKET

CONSTRUCTION LOANS

12 USC 1464.

SEC. 401. The twenty-first undesignated paragraph of section 5(c) of the Home Owners' Loan Act of 1933 is amended by striking out "3 per centum" and inserting in lieu thereof "5 per centum".

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