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201109640
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Last modified
1/5/2012 9:49:09 AM
Creation date
12/23/2011 10:03:11 AM
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DEEDS
Inst Number
201109640
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2Q1109644 <br />(21) The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses <br />incident to enforcing or complying with the provisions hereof, (b) any prior liens required by law or a competent court to be so <br />paid, (c) the debt evidenced by the note and all indebtedness to the Government secured hereby, (d) inferior liens of record <br />required by law or a competent court to be so paid, (e) at the Government's option, any other indebtedness of Borrower owing <br />to or insured by the Government and ( fl any balance to Bonower. In case the Government is the successful bidder at <br />foreclosure or other sale of all or any part of the property, the Government may pay its shaze of the purchase price by crediting <br />such amount on any debts of Borrower owing to or insured by the Govemment, in the order prescribed above. <br />(22) All powers and agencies granted 'an this instrument are coupled with an interest and are irrevocable by death or <br />otherwise; and the rights and remedies provided in this instrument are cumulative to remedies provided by law. <br />(23) Borrower agrees that the Government will not be bound by any present or future State laws, (a) providing for <br />valuation, appraisal, homestead or exemption of the property, (b) prohibiting maintenance of any action for a deficiency <br />judgment or limiting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute <br />of limitanons, (d) allowing any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions <br />which the Government may by regulation impose, including the interest rate it may charge, as a condition of approving a <br />transfer of the properiy to a new Borrower. Borrower expressly waives the benefit of any such State laws. <br />(24) This instrument shall be subject to the present regularions of the Government, and to its future regulations not <br />inconsistent with the express provisions hereof. <br />(25) Notices given hereunder shall be sent by certified mail unless otherwise required by law, and addressed, unless <br />and until some other address is designated in a notice so given, in the case of the Government to the State Executive Director of <br />the Farm Service Agency and to the local agency o�cials of the Farm Service Agency to the post office addresses shown <br />above, and in the case of Bonower at the address shown in the Government's Finance Office records (which normally will be <br />the same as the post office address shown above). <br />(26) The proceeds of any award or claun for damages, direct or consequenrial, in connection with any condemnarion <br />or other taking of any part of the property, or for conveyance in lieu of condemnation, a.re hereby assigned and shall be paid to <br />the Government pursuant to applicable regulations of the Government. <br />(27) If any provision of this instrument or applicadon thereof to any person or circumstances is held invalid, such <br />invalidity will not affect other provisions or applications of the instrument which can be given effect without the invalid <br />provision or application, and to that end the provisions hereof aze declared to be severable. <br />(28) The parties hereby request that a copy of any notice of default and a copy of any nonce of sale be mailed to each <br />party to this Trust Deed at the address set forth in the manner prescribed by applicable law. Except for any other notice <br />required by law to be given in another manner, any notice provided for in this Trust Deed shall be given by mailing such notice <br />by certified mail addressed to the parties, at the address set forth above. <br />X Place an °X" if paragraph 29 is applicable) <br />(29) The covenants and agreements of this instrument shall bind and benefit the successors and assigns of Government <br />and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who casigns this instrument <br />but does not execute the note: (a) is co-signing this instrument only to mortgage, grant and convey that Borrower's interest in <br />the property under the terms of this instrument; (b) is not personally obligated to pay the sums secured by this instrument; and <br />(c) agrees that Government and any other Borrower may agree to extend, modify, forbeaz or ffialce any accommodations with <br />regazd to the terms of this instrument or the note without that borrower's consent. <br />By sign' g below, Bonower accepts and agrees to the terms and covenaa c ntained in ent. <br />� �� � t <br />(Borrower) ` w ' ' (Borrower) <br />Arn d K. Hinkson an d�Ti son <br />��;..�„� � <br />Initial ��� date �a'' a'� - f� Dawn Hinks on ori . inkson Page 5 of 6 <br />�,' y'1 � <br />�� <br />
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