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202401506
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Last modified
4/9/2024 3:44:30 PM
Creation date
4/9/2024 3:44:29 PM
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DEEDS
Inst Number
202401506
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202401506 <br />unpaid under the note and any indebtedness to the Government hereby secured immediately due and payable, (b) for <br />the account of Borrower incur and pay reasonable expenses for repair or maintenance of and take possession of, <br />operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and <br />without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of <br />receivers in like cases, and (d) authorize and request Trustee to foreclose this instrument and sell the property as <br />prescribed by law. <br />(20) At the request of the Government, Trustee may foreclose this instrument by advertisement and sale of <br />the property as provided by law, for cash or secured credit at the option of the Government, personal notice of which <br />sale need not be served on Borrower; such sale may be adjourned from time to time without other notice than oral <br />proclamation at the time and place appointed for such sale; and at such sale the Government and its agents may bid <br />and purchase as a stranger; Trustee at Trustee's option may conduct such sale without being personally present, <br />through Trustee's delegate authorized by Trustee for such purpose orally or in writing, and Trustee's execution of a <br />conveyance of the property or any part thereof to any purchaser at foreclosure sale shall be conclusive evidence that <br />the sale was conducted by Trustee personally or through Trustee's delegate duly authorized in accordance herewith. <br />(21) The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and <br />expenses incident to enforcing or complying with the provisions hereof, (b) any prior liens required by law or a <br />competent court to be so paid, (c) the debt evidenced by the note and all indebtedness to the Government secured <br />hereby, (d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's <br />option, any other indebtedness of Borrower owing to or insured by the Government and (f) any balance to Borrower. <br />In case the Government is the successful bidder at foreclosure or other sale of all or any part of the property, the <br />Government may pay its share of the purchase price by crediting such amount on any debts of Borrower owing to or <br />insured by the Government, in the order prescribed above. <br />(22) All powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death <br />or 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) <br />providing for valuation, appraisal, homestead or exemption of the property, (b) prohibiting maintenance of any <br />action for a deficiency judgment or limiting the amount thereof or the time within which such action must be <br />brought, (c) prescribing any other statute of limitations, (d) allowing any right of redemption or possession <br />following any foreclosure sale, or (e) limiting the conditions which the Government may by regulation impose, <br />including the interest rate it may charge, as a condition of approving a transfer of the property to a new Borrower. <br />Borrower expressly waives the benefit of any such State laws. <br />(24) This instrument shall be subject to the present regulations of the Government, and to its future <br />regulations not inconsistent with the express provisions hereof. <br />(25) Notices given hereunder shall be sent by certified mail unless otherwise required by law, and <br />addressed, unless and until some other address is designated in a notice so given, in the case of the Government to <br />the State Executive Director of the Farm Service Agency and to the local agency officials of the Farm Service <br />Agency to the post office addresses shown above, and in the case of Borrower at the address shown in the <br />Government's Finance Office records (which normally will be the same as the post office address shown above). <br />(26) The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to the Government pursuant to applicable regulations of the Government. <br />(27) If any provision of this instrument or application thereof to any person or circumstances is held invalid, <br />such invalidity will not affect other provisions or applications of the instrument which can be given effect without <br />the invalid provision or application, and to that end the provisions hereof are declared to be severable. <br />Initial date • P .2'2 ji <br />Page 5 of 6 <br />
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