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201104301
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Last modified
9/14/2011 12:20:42 PM
Creation date
6/8/2011 4:17:22 PM
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DEEDS
Inst Number
201104301
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'�� ° 201104301 <br />22. Notices. Norices 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 />— Executive Director of the Farm Service Agency at the mailing address shown above, and in the case of Borrower at the address <br />shown in the Government's Finance Office records (which normally will be the 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 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 invalid 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 />not inconsistent with the express provisions hereof. All powers and agencies granted in this instrument are coupled with an interest <br />and are irrevocable by death or otherwise; and the rights and rexnedies provided in this instrument aze cumulative to remedies <br />provided by law. <br />24. Successors and assigns; joint and several covenants. The covenants and agreements of this instrument shall bind and <br />benefit the successors and assigns of Government and Bonower. Borrower's covenants and agreements shall be joint and several. <br />Any Bonower who co-signs this instrument but does not execute the Note: (a} is co-signing this instrument only to mortgage, grant <br />and convey that Borrower's interest in the property under this instcument; (b) is not personally obligated to pay the sums secured by <br />this instrument; and (c) agrees that the Govemment and any other Borrower may agree to e�rtend, 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 agees to the merger in <br />writing. If the properiy is conveyed to the Government, title shall not merge (unless the Government elects otherwise) and the lien <br />provided under this instaument 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-i1NIFORM COVENANTS. Borrower further COVENANTS AND AGREE5 as fallows: <br />27 • Default; death; incompetence; bankruptcy. Should default occur in 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 banlauptcy or declared an insolvent or make an assignment for the benefit 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 the Government 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 application 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 instrument and sell the property as prescribed by law, and (e) enforce <br />any and all other nghts 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 />property 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 an Bonower; 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 valuarion, 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 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, including the interest it may charge, as a condition of approving a transfer of the <br />property to a new Bonower. Borrower expressly waives the bene�it of any such State laws. <br />Initial Q ' CT • date ��'� � 2� 2 0� / <br />�'�s�� <br />�.'; <br />FSA 1927-1 NE (O1-28-OS) Page 5 of 7 <br />�v:.' <br />���_ <br />�; <br />
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