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201103892
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201103892
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Last modified
5/25/2011 8:36:35 AM
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5/25/2011 8:36:35 AM
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DEEDS
Inst Number
201103892
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201103892 <br />ZZ• Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by law. Such <br />notices shall be addressed, unless and until some other address is designated in a notice, in the case of the Government to the State <br />s s ice Agency at the mailing address shown above, and in the case of Borrower at the address <br />"��' �� t s ������ � anc Office records (which normally will be the same as the mailing address shown above). <br />� �� �����'� `�`'� � ity. This instrument shall be govemed by Federal law. If any provision of this instrument or the <br />note or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications <br />of this�instrument or the note which can be given effect' without the'nivalid provision or application:� The provisions of this <br />instrument�are severable. This'instrument'shall be subject to the present regulations of the Government, and to its future regulations <br />no��nC6nsistent with the e�ress provisions hereof. All powers and agencies granted in this insirument are coupled with an interest <br />and are irrevocable by death or otherwise; and the rights and remedies provided in this instrument are cumulafive to remedies <br />provided by law. <br />24• Successors and assigns; joint and several covenants. The covenants and ageements of this instrument shall bind and <br />benefit the successors and assigns of Government and Borrower. Bonower's covenants and agreements shall be joint and several. <br />Any Borrower who co-signs this instrument but does not execute the Note: (a) is co-signing this insmament only to mortgage, grant <br />and convey that Borrower's interest in the property under this instrument; (b) is not personally obligated to pay the sums secured by <br />this insmament; and (c) agrees that the Government and any other Borrower may agree to extend, modify, forbear or make any <br />accommodations with 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. If Borrower <br />acquires fee title to the property, the leasehold and the fee title shall not merge unless the Government agrees to the merger in <br />writing. If the properly is conveyed to the Government, title shall not merge (unless the Government elects otherwise) and the lien <br />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 under this <br />instrument. <br />NON-iINIFORM COVENANTS. Borrower further COVENANTS AND AGREES as follows: <br />27 • D�ault; death; incompetence; bankruptcy.. Should default occur m the performance or discharge of any obligation in <br />this instrument or secured by this instrument, or should the Borrower die or be declared incompetent, or should the Borrower be <br />discharged in bankruptcy qr declared an insQlvent or make' an assignment for the lienefit of creditors, the Government, at its option, <br />with or without notice; may: (a) declare the entire amount unpaid under the note and any debt to ttie Governinent hereby secured <br />immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of, and <br />take possession of, operate or rent the property, (c) upon applicarion by it and production of this instrument, without other evidence <br />and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in <br />like cases, (d) authorize and request Trustee to foreclose this inst�vment and sell the property as prescribed by law, and (e) enforce <br />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 and sale of the <br />properly as provided by law, for cash or secured credit at the option of the Government, personal notice of which sale need not be <br />served on Borrower; such sale may be adjourned from time to time without other notice than oral proclamation at the time and place <br />appointed for such sale; and at such sale the Government and its agents may bid and purchase as a stranger; Trustee at Trustee's <br />option may conduct such sale without being personally present through Trustee's delegate authorized by Trustee for such purpose <br />orally or in writing, and Trustee's execution of a conveyance of the property or any part thereof to any purchaser at foreclosure sale <br />shall be conclusive evidence that the sale was conducted by Trustee personally or through Trustee's delegate duly authorized in <br />accordance herewith. <br />29• State law. Borrower agrees that the Government will not be bound by any present or future State laws, (a) providing <br />for valuation, appraisal, homestead or exemption of the property, (b) prohibiting maintenance of any action for a deficiency <br />judgment or luniting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute of <br />limitations, (d) allowing any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which <br />the Government may by regularion impose, includ'mg the interest it may charge, as a condition of approving a iransfer of the <br />property to a new Borrower. Bonower expressly waives the benefit of any such State laws: „ <br />Initi��� date �� � FSA 1927-1 NE (01-28-OS) Page S of 7 <br />_ h a . . "�� a ., <br />
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