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201202433 <br /> 4. 'faxes,liens,etc. Borrower shall pay when due all taxes,liens,judgments, encumbrances, and assessments lawfully <br /> attaching to or assessed against the property and promptly deliver to the Govermnent without demand receipts evidencing such <br /> payments. <br /> 5. Assignment. Borrower grants and assigns as additional security all the right,title and interest in: (a)the proceeds of any <br /> award or claim for damages,direct or consequential,in connection with any condemnation or taking by eminent domain or <br /> otherwise of any part of the property, or for conveyance in lieu of condemnation; (b)all bonuses,rentals,royalties, damages,delay <br /> rentals and income that may be due or become due and payable to the Borrower or Borrower's assigns under any existing or future <br /> oil,gas, mining or mineral lease covering any portion of the property; and (c) all rents,issues,profits,income and receipts from the <br /> property and from all existing or future leases, subleases,licenses,guaranties and any other agreements for the use and occupancy <br /> of any portion of the property,including any extensions,renewals,modifications or substitutions of such agreements. Borrower <br /> warrants the validity and enforceability of this assignment. <br /> Borrower authorizes and directs payment of such money to the Govermnent until the debt secured by this instrument is paid in full. <br /> Such money may,at the option of the Government,be applied on the debt whether due or not. The Government shall not be <br /> obligated to collect such money,but shall be responsible only for amounts received by the Government. In the event any item so <br /> assigned is determined to be personal property,this instrument will also be regarded as a security agreement. <br /> Borrower will promptly provide the Government with copies of all existing and future leases. Borrower warrants that as of the date <br /> of executing this instrument no default exists under existing leases, Borrower agrees to maintain, and to require the tenants to <br /> comply with, the leases and any applicable law. Borrower will obtain the Government's written authorization before Borrower <br /> consents to sublet,modify, cancel, or otherwise alter the leases, or to assign,compromise, or encumber the leases or any future <br /> rents, Borrower will hold the Government harmless and indemnify the Government for any and all liability,loss or damage that the <br /> Govermnent may incur as a consequence of this assignment. <br /> 6. Insurance. Borrower shall keep the property insured as required by and under insurance policies aptroved by the <br /> Government and,at its request,deliver such policies to the Government. If property is located in a designatec flood hazard area, <br /> Borrower also shall keep property insured as required by 42 U.S.G. §4001 et seq. and Government regulations. All insurance <br /> policies and renewals shall include a standard mortgagee clause. <br /> 7. Advances by Government. The Government may at any time pay any other amounts required by this instrument to be <br /> paid by Borrower and not paid by Borrower when due,as well as any cost for the preservation,protection, or enforcement of this <br /> lien,as advances for the account of Borrower. Advances shall include,but not be limited to,advances for payments of real property <br /> taxes,special assessments,prior liens,hazard insurance premiums,and costs of repair,maintenance,and improvements. All such <br /> advances shall bear interest at the same rate as the note which has the highest interest rate. All such advances,with interest,shall be <br /> immediately due and payable by Borrower to the Government without demand. No such advance by the Government shall relieve <br /> Borrower from breach of Borrower's covenant to pay. Any payment made by Borrower may be applied on the note or any secured <br /> debt to the Government,in any order the Government determines. <br /> 8, Protection of lien. Borrower shall pay or reimburse the Government for expenses reasonably necessary or incidental to the <br /> protection of the lien and its priority and the enforcement or compliance with this instrument and the note. Such expenses include, <br /> but are not limited to: costs of evidence of title to, and survey of, the property, costs of recording this and other instruments; <br /> attorneys' fees, trustees'fees;court costs,and expenses of advertising, selling,and conveying the property. <br /> 9. Authorized purposes. Borrower shall use the loan evidenced by the note solely for purposes authorized by the Government. <br /> 10. Repair and operation of property. Borrower shall: (a)maintain improvements in good repair; (b)make repairs required <br /> by the Government; (c)comply with all faun conservation practices and farm management plans required by the Govermnent;and <br /> (d)operate the property in a good and husbandlike manner. Borrower shall not (e) abandon the property; (0 cause or permit waste, <br /> lessening or impairment of the property; or (g)cut,remove,or lease any timber,gravel, oil,gas,coal,or other minerals without the <br /> written consent of the Government, except as necessary for ordinary domestic purposes. <br /> 11. Legal compliance. Borrower shall comply with all laws,ordinances, and regulations affecting the property. <br /> 12. Transfer or encumbrance of property. Except as provided by Government regulations,the Borrower shall not lease, <br /> assign, sell, transfer,or encumber,voluntarily or otherwise, any of the property without the written consent of the Govermnent. The <br /> Government may grant consents,partial releases, subordination, and satisfactions in accordance with Government regulations. <br /> 13. Inspection. At all reasonable times the Government may inspect the property to ascertain whether the covenants and <br /> agreements contained in this instrument are being performed. <br /> • <br /> initial V date 67-4 FSA 1927-1 NE(01-28-05)Page 3 of? <br />