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,2P0001384 <br />(6) To use the loan evidenced by the note solely for purposes authorized by the Government. <br />(7) To pay when due all taxes, liens, judgments, encumbrances, and assessments lawfully attaching to or assessed against the <br />property, including all charges and assessments in connection with water, water rights, and water stock pertaining to or reasonably <br />necessary to the use of the real property described above, and all taxes and assessments levied upon this mortgage or the note or any <br />indebtedness hereby secured or against any legal holder hereof or of the note or of said indebtedness under the laws of Nebraska, and <br />promptly deliver to the Government without demand receipts evidencing such payments. <br />(8) To keep the property insured as required by and under insurance policies approved by the Government and, at its request, to <br />deliver such policies to the Government. <br />(9) To maintain improvements in good repair and make repairs required by the Government; operate the property in a good and <br />husbandmanlike manner; comply with such farm conservation practices and farm and home management plans as the Government from <br />time to time may prescribe; and not to abandon the property, or cause or permit waste, lessening or impairment of the security covered <br />hereby, or, without the written consent of the Government, cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals except <br />as may be necessary for ordinary domestic purposes. <br />(10) To comply with all laws, ordinances, and regulations affecting the property. <br />(11) To pay or reimburse the Government for expenses reasonably necessary or incidental to the protection of the lien and priority <br />hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supplementary agreement (whether <br />before or after default), including but not limited to costs of evidence of title to and survey of the property, costs of recording this and <br />other instruments, attorneys' fees, trustees' fees, court costs, and expenses of advertising, selling, and conveying the property. <br />(12) Except as otherwise provided by Government regulations, neither the property nor any portion thereof or interest therein <br />shall be leased, assigned, sold, transferred, or encumbered voluntarily or otherwise, without the written consent of the Government. The <br />Government shall have the sole and exclusive rights as mortgagee hereunder, including but not limited to the power to grant consents, <br />partial releases;- 4ubordiwa t...... ..dnd„s- i- factioa. #nd no insured holder shall have any rights, title or interest in or to the lien or any <br />benefits hereof> ,. 10 go;sur Ea Irv. 50, St's+ <br />(13) At fall c4sonabld?�I WV 1*(J3o*Wrnment and its agents may inspect the property to ascertain whether the covenants and <br />agreements cogainf i 1'{�i*WW.,1jV�.ArM supptlementary agreement are being performed. <br />(14) The "Government may"M) "at4ogt the: interest rate, payment, terms or balance due on the loan, (b) increase the mortgage by an <br />amount equal to deferred interest on the outstanding principal balance, (c) extend or defer the maturity of, and renew and reschedule the <br />payments on, the debt evidenced by the note or any indebtedness to the Government secured by this instrument, (d) release any party <br />who is liable under the note or for the debt from liability to the Government, (e) release portions of the property and subordinate its lien, <br />and (f) waive any other of its rights under this instrument. Any and all this can and will be done without affecting the lien or the priority <br />of this instrument or Borrower's or any other party's liability to the Government for payment of the note or debt secured by this instrument <br />unless the Government says otherwise in writing. HOWEVER, any forbearance by the Government — whether once or often —in exercis- <br />ing any right or remedy under this instrument, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise <br />of any such right or remedy. <br />(15) If at any time it shall appear to the Government that Borrower may be able to obtain a loan from a production credit <br />association, a Federal land bank, or other responsible cooperative or private credit source, at reasonable rates and terms for loans for <br />similar purposes and periods of time, Borrower will, upon the Government's request, apply for and accept such loan in sufficient amount <br />to pay the note and any indebtedness secured hereby and to pay for any stock necessary to be purchased in a cooperative lending agency <br />in connection with such loan. <br />(16) Default hereunder shall constitute default under any other real estate, or under any personal property or other, security <br />instrument held by the Government and executed or assumed by Borrower, and default under any such other security instrument shall <br />constitute default hereunder. <br />(17) Borrower further agrees that the loans secured by this instrument will be in default should any loan proceeds be used for a <br />purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural <br />commodity, as prohibited by 7 C.F.R. part 1940, subpart G. <br />(18) SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or secured by this instrument, <br />or should the parties named as Borrower die or be declared incompetent, or should any one of the parties named as Borrower be <br />discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, the Government, at its option, with <br />or without notice may: (a) declare the entire amount unpaid under the note and any indebtedness 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 take <br />possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and <br />without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, <br />(d) foreclose this instrument as provided herein or by law, and (e) enforce any and all other rights and remedies provided herein or by <br />present or future law. <br />(19) The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses incident <br />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 <br />evidenced by the note and all indebtedness to the Government secured hereby, (d) inferior liens of record required by law or a <br />competent court to be so paid, (e) at the Government's option, any other indebtedness of Borrower owing to the Government, and (f) <br />any balance to Borrower. At foreclosure or other sale of all or any part of the property, the Government and its agents may bid and <br />purchase as a stranger and may pay the Government's share of the purchase price by crediting such amount on any debts of Borrower <br />owing to the Government, in the order prescribed above. <br />(20) Borrower agrees that the Government will not be bound by any present or future State law, (a) providing for valuation, <br />appraisal, homestead or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the <br />amount thereof or the time within which such action may be brought, (c) prescribing any other statute of limitations, (d) allowing any <br />right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which the Government may by <br />regulation impose, including the interest rate it may charge, as a condition of approving a transfer of the property to a new Borrower. <br />Borrower expressly waives the benefit of any such State laws. <br />RD 1927 -1 NE (Rev. 1 -98) Page 3 of 4 <br />