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201006020
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Last modified
8/24/2010 4:52:21 PM
Creation date
8/24/2010 4:52:20 PM
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DEEDS
Inst Number
201006020
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~ y ' ~ <br />2olooso2o <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 ar insured by the Government and (f) any balance to Borrower. 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 share of the purchase price by crediting <br />such amount on any debts of Borrower owing to or 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 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 limitations, (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 property to a new Borrower. 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 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 officials of the Farm Service Agency to the post office addresses shown <br />above, and in the case of Borrower at the address shown in the Government's Finance OFfice records (which normally will be <br />the same as the past office address shown above). <br />(26) The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation <br />or other taking of any part of the property, or for conveyance in lieu of condemnation, are 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 application 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 appNcation, and to that end the provisions hereof are declared to be severable. <br />(28) The parties hereby request that a copy of any notice of default and a copy of any notice 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 co-signs 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; anal <br />(c) agrees that Government and any ether 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 />By signing below, Borrower accepts and agrees to the terms and covenants contained in this instrume <br />..,,lam <br />Sw' ~~ (Borrower) rower) <br />ry M. Harrenstein D a J. Harrenstein <br />Initial ~ date ~_,~®~0 Page S of 6 <br />~~ ~~~~~ ~ai~ <br />
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