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202604728 <br />FSA-2029 NE (04-01-26) Page 5 of 8 <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 />NON -UNIFORM COVENANTS. Borrower further COVENANTS AND AGREES as follows: <br />27. Default; death; incompetence; bankruptcy. Should default occur in the performance or discharge of any <br />obligation in this instrument or secured by this instrument, or should the Borrower die or be declared incompetent, <br />or should the Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit <br />of creditors, the Government, at its option, with or without notice, may: (a) declare the entire amount unpaid under <br />the note and any debt to the Government hereby secured immediately due and payable, (b) for the account of <br />Borrower incur and pay reasonable expenses for repair or maintenance of, and take possession of, operate or rent the <br />property, (c) upon application by it and production of this instrument, without other evidence and without notice of <br />hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like <br />cases, (d) authorize and request Trustee to foreclose this instrument and sell the property as prescribed by law, and <br />(e) enforce any and all other rights and remedies provided herein or by present or future law. <br />28. Foreclosure. At the request of the Government, Trustee may foreclose this instrument by advertisement <br />and sale of the property as provided by law, for cash or secured credit at the option of the Government, personal <br />notice of which sale need not be served on Borrower; such sale may be adjourned from time to time without other <br />notice than oral proclamation at the time and place appointed for such sale; and at such sale the Government and its <br />agents may bid and purchase as a stranger; Trustee at Trustee's option may conduct such sale without being <br />personally present through Trustee's delegate authorized by Trustee for such purpose orally or in writing, and <br />Trustee's execution of a conveyance of the property or any part thereof to any purchaser at foreclosure sale shall be <br />conclusive evidence that the sale was conducted by Trustee personally or through Trustee's delegate duly authorized <br />in accordance herewith. <br />29. State law. Borrower agrees that the Government will not be bound by any present or future State laws, <br />(a) 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 />Initial (g Date 7/I_iJ Initial AMC Date TV/24 <br />