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202402226
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Last modified
5/20/2024 9:20:39 AM
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5/20/2024 9:20:38 AM
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DEEDS
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202402226
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202402226 <br />17. Forfeiture. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is <br />begun that in the Government's good faith judgment could result in forfeiture of the property or otherwise materially <br />impair the lien created by this instrument or the Government's security interest. Borrower may cure such default by <br />causing the action or proceeding to be dismissed with a ruling that precludes forfeiture of the Borrower's interest in <br />the property or other material impairment of the lien created by this security instrument or the Government's security <br />interest. <br />18. False statement. Borrower also shall be in default if Borrower, during the loan application process, gave <br />materially false or inaccurate information or statements to the Government (or failed to provide the Government <br />with any material information) in connection with the loan evidenced by the note. <br />19. Cross collateralization. Default under this instrument shall constitute default under any other security <br />instrument held by the Government and executed or assumed by Borrower. Default under any other such security <br />instrument shall constitute default under this instrument. <br />20. Highly erodible land; wetlands. Any loan secured by this instrument will be in default if Borrower uses <br />any loan proceeds for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion <br />of wetlands to produce an agricultural commodity as provided in 7 C.F.R. part 1940, subpart G, or any successor <br />Government regulation. <br />21. Non-discrimination. If any part of the loan for which this instrument is given shall be used to fmance the <br />purchase, construction or repair of property to be used as an owner -occupied dwelling (herein called "the dwelling") <br />and if Borrower intends to sell or rent the dwelling and has obtained the Government's consent to do so (a) neither <br />Borrower nor anyone authorized to act for Borrower will, after receipt of a bona fide offer, refuse to negotiate for <br />the sale or rental of the dwelling or will otherwise make unavailable or deny the dwelling to anyone because of race, <br />color, religion, sex, national origin, disability, familial status or age, and (b) Borrower recognizes as illegal and <br />hereby disclaims, and will not comply with or attempt to enforce any restrictive covenants on the dwelling relating <br />to race, color, religion, sex, national origin, disability, familial status or age. <br />22. Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by <br />law. Such notices shall be addressed, unless and until some other address is designated in a notice, in the case of the <br />Government to the State Executive Director of the Farm Service Agency at the mailing address shown above, and in <br />the case of Borrower at the address shown in the Government's Finance Office records (which normally will be the <br />same as the mailing address shown above). <br />23. Governing law; severability. This instrument shall be governed by Federal law. If any provision of this <br />instrument or the note or its application to any person or circumstances is held invalid, such invalidity shall not <br />affect other provisions or applications of this instrument or the note which can be given effect without the invalid <br />provision or application. The provisions of this instrument are severable. This instrument shall be subject to the <br />present regulations of the Government, and to its future regulations not inconsistent with the express provisions <br />hereof. 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 />24. Successors and assigns; joint and several covenants. The covenants and agreements of this instrument <br />shall bind and benefit the successors and assigns of Government and Borrower. Borrower's covenants and <br />agreements shall be joint and several. Any Borrower who co-signs this instrument but does not execute the Note: <br />(a) is co-signing this instrument only to mortgage, grant and convey that Borrower's interest in the property under <br />this instrument; (b) is not personally obligated to pay the sums secured by this instrument; and (c) agrees that the <br />Government and any other Borrower may agree to extend, modify, forbear or make any accommodations with <br />regard to the terms of this instrument or the note without that Borrower's consent. <br />25. No merger. If this instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. <br />If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless the Government <br />agrees to the merger in writing. If the property is conveyed to the Government, title shall not merge (unless the <br />Government elects otherwise) and the lien provided under this instrument shall not be affected by such conveyance. <br />26. Time is of the essence. Time is of the essence in the Borrower's performance of all duties and obligations <br />under this instrument. <br />Initial SLR <br />Date) -14-24 <br />FSA -2029 NE (11-06-12) Page 5 <br />
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