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HomeMy WebLinkAbout1888 _ ~ 4 ' ~ r : ti ~ ' ~ , 3j ~ ;1E• lam' i , I ~ •.r ` ~ r~L~ (8) To keep the property insured as reyuued by and under insurance policies approved by the Government and, at its re- quest, to deliver such policies to the Government. (9) To miin•~in improvements in good repair and make regain re fired b the Government; operate the property in a good and husbandmanlike manner; comply with such farm conservation aS~i'Si~d~i~rib rflrdigement plans as the Government fro+n trme to time may prescribe; and not to abandon Ek~'t~ `per~itilt waste, lessening or impairment of the security covered hereby, or, without the written consent oflef~lll~,Frti~6Nrt, cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals except as may be necesury for ordinary domestic purposes. (10) To comply with all laws, ordin~t~q. ~t~gllations affecting the property. (11) To pay or reimburse the Goverirtti ni or expenses reasonably necesury or incidental to the protection of the lien and priority hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supple- mentary agreement (whether before or after default), including but~not limited to costs of evidence of title to and survey of thr property, costs of recording this and other instruments. attorneys' fees, trustees' fees, court costs, and expenses of advertising, selling, and conveying the property. (12) Neither the property nor any portion thereof or interest therein shall be leased, assigned, sold, transferred, or encumbered, voluntarily or otherwise, without the written consent of the Government. The Government shall have the sole and exclusive rights as mortgagee hereunder, including but not limited to tl~e power to grant consents, partial releases. subordinations, and utisfaction. and no insured holder shall have any right, title or interest in or to the lien or any benefits hereof. _ (13) At all reasonable times the Government and its agents may inspect the property to ascertain whether the covenants and agreements contained herein or in any supplementary agreement are being performed. (14} .The Government may extend and defer the maturity of and renew and reamortize the debt evidenced by the note or any indebtedness to the Government secured hereby, release from liability to the Government any party so liable thereon. releas°e portions of the property from and subordinate the lien hereof, and waive any other rights hereunder, without affecting the lien or priority hereof or the liability to the Government of Borrower or any other party for payment of the note or indebtedness secured hereby except as specified by the Government in writing, (15) if at any time it shall appear to the Government that Borrower may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source, at reasonable ratgs and terms for loans for similar purposes and periodo of time, Borrower will, upon the Government's request, apply for and adept such loan in sufficient amount to pay the note and any indebtedness secured hereby and to pay for any stock necessary to be purchased in a cooperative lending agency in connection with such loan. X16) (kfault hereunder shall constitute default under any other real estate, or under any personal property or other, security instrument held or insured by the Government and executed or assumed by Borrower, and default under an~• such other security instrument shall constitute default hereunder. 17} SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or secured by this r instrument, or should any one of the parties named as Borrower die or be declared an incompetent, a bankrupt, or an insolvent. r or make an assignment for the benefit of creditors, the Government, at its option, with or without notice. ma a declare thz entire amount un aid under the note and an y• { ) p y indebtedness to the Government hereby secured immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of and take possession of, operate or rent the property, (c) upc>n application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver ap pointed for the property, with the usual powers of receivers in like cases. (d1 foreclose this instrument as provided herein or by law, and (e} enforce any and all other rights and remedies provided herein or by present or future law. 18} The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses incident to enforcing or complying with the provisions hereof, (b) any prior liens required by law or a competent court to be so paid, (c) the debt evidenced by the note and all indebtedness to the Government secured hereby, (d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other indebtedness of Borrower owinK to or insured by the ('government, and (f) any balance to Borrower. At foreclosure or other sale of all or any part of the 3 property, the Government and its agents may bid and purchase as a stranger and may pay the Government's share of the purchase price by crediting such amount on any debts of Borrower owing to or insured by the Government, in the order prescribed above. (19} Borrower agrees that the Government will not be bound by any present or future laws, (a) providing for valuation, appraisal, homestead,or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount thereof or the time within which such action must be brought, {c) prescribing any other statute of limitations, (d) allowing any right of redemption or posseuion following any foreclosure sale, or (e) limiting the conditions which the Government may by regulation impose, including the interest rate it may charge, as a condition of approving a transfer of the property to a new Borrower. Borrower expressly waives the benefit of any such State laws. Borrower hereby relinquishes, waives, and conveys all rights, inchoate or consummate, of descent, dower, and curtesy. {20j If any part of the loan for which this instrument is given shall be used to finance the purchase, construction or re air of pro rt to be used as an owner-occupied dwelling (herein called '•the dwelling") and if Borrower intends to sell or rent the dwelling and has obtained the Government's consent to do so {a) neither Borrower nor anyone authorized to act for him, will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make unavailable or deny the dwelling to anyone because of race, color, religion, ux, or national origin, and (b) Borrower recognines as illegal and hereby disclaims, and will not comply with or attempt to enforce any restrictive covenants on the dwelling relating to race, color, religion, sex, or national origin. (21) This instrument shall be subject to the present regulations of the -Farmers Home Administration, and to its future regulations not inconsistent with the ex ress provisions hereof. :~,r~ geRK ~ onc~18$s s:~D~ 3~2 259fi