# Title 6 — Banks and Banking

## Chapter 6-09.16 — Nursing Facility Alternative Loans

### § 6-09.16-01. Definitions.

Terms defined in chapter 50-30 have the same meaning when used in this chapter.
### § 6-09.16-02. Long-term care facility loan fund - Continuing appropriation.

A revolving loan fund must be maintained in the Bank of North Dakota for the purpose of
making loans to nursing facilities, basic care facilities, or assisted living facilities for renovation
projects.
All moneys transferred into the fund, interest upon moneys in the fund, and collections of
interest and principal on loans made from the fund are appropriated for disbursement pursuant
to the requirements of this chapter.
### § 6-09.16-03. Long-term care facility loan fund.

1. There is created a long-term care facility loan fund. The fund consists of revenue
transferred from the North Dakota health care trust fund, interest upon moneys in the
fund, and collections of interest and principal on loans made from the fund.
2. The Bank of North Dakota shall administer the loan fund. Funds in the loan fund may
be used for:
a. Loans as provided in this chapter and as approved by the department under
chapter 50-30; and
b. The costs of administration of the fund. The fund must be audited annually
pursuant to section 6-09-29, and the cost of the audit must be paid from the fund.
3. Any money in the fund not required for use under subsection 2 must be transferred to
the North Dakota health care trust fund.
### § 6-09.16-04. Loan application - How made.

All applications for loans under this chapter must be made to the department. The
department may approve the applications of qualified applicants that propose projects that
conform to requirements established under chapter 50-30. The Bank of North Dakota shall
review and approve or reject all loan applications forwarded to the Bank by the department. For
applications approved by the Bank and upon final approval of the application by the department,
loans may be made from the long-term care facility loan fund in accordance with this chapter.
### § 6-09.16-05. Amount of loans - Terms and conditions.

Loans in an amount not exceeding ninety percent of project costs may be made by the
Bank of North Dakota from the fund maintained pursuant to this chapter. Such loans must bear
interest at a rate of two percent of the outstanding principal balance of the loan. In consideration
of the making of a loan under this chapter, each borrower shall execute a contract with the
department to operate the project in accordance with standards established under chapter
50-30. The contract must also provide that if the use of the project is discontinued or diverted to
purposes other than those provided in the loan application without written consent of the
department, the full amount of the loan provided under this chapter immediately becomes due
and payable. The Bank of North Dakota may annually deduct, as a service fee for administering
the loan fund maintained under this chapter, one-half of one percent of the principal balance of
the outstanding loans from the fund.
### § 6-09.16-06. Powers of Bank of North Dakota.

The Bank of North Dakota may do all acts or things necessary to negotiate loans and
preserve security under this chapter, including the power to take such security as deemed
necessary, to exercise any right of redemption, and to bring suit in order to collect interest and
principal due the loan fund under mortgages, contracts, and notes executed to obtain loans
under the provisions of this chapter. If the applicant's plan for financing provides for a loan of
funds from sources other than the state of North Dakota, the Bank of North Dakota may take a

subordinate security interest. The Bank may recover from the loan fund amounts actually
expended by it for legal fees and to effect a redemption.
