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UNITED STATES v. ELLIS

No. 82-3409.

714 F.2d 953 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. James D. ELLIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1983.

Attorney(s) appearing for the Case

Carroll C. Gray, Spokane, Wash., for plaintiff-appellee.

Jerry L. Sorlien, Schillberg, Sorlien & Warring, Moses Lake, Wash., for defendant-appellant.

Before SKOPIL, PREGERSON, and FERGUSON, Circuit Judges.

SKOPIL, Circuit Judge:

During 1976, 1977 and 1978 Ellis obtained direct loans from Farmers Home Administration ("FmHA") under a program to provide financial assistance to farmers who are unable to obtain credit from private lenders on reasonable terms. 7 U.S.C. § 1922. Ellis executed two mortgages on the farm property to secure the loans. Each was embodied in a standard form used by the FmHA with a clause purporting to waive the mortgagor's right to debtor protections...

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