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<br />88- 106893 <br /> <br />(6) To Use the loan cvidc~cctl h.., the nOle solely fIn purpmcs aulitnrized by tile Government. <br />(7) To pll}' when due nIl tues, liens, judgmclHs, encumbnUlcn. and i1nC~5mCnn Inwfully attaching to or aasc5Ilcd <br />ilSainst the prof,crtY1 including all charges nnd assessments in cOl1n~ctinl1 with water, water rightll, and water stock pcrtnlnlng <br />to or rcasonllb y necessary to the ulie of the rcal property described above, and all taxes and IlS5CS5fficnts levied upon this <br />mortp;llgc or the note or any indcbtcdncSl hereby secured or Ilg11inJt any legal hnlder hereof or of the note or of HMd in. <br />debtedness under the laws of Nebraska, Ilnd promptly deliver to tile Government widlout demand receipts evidencing such <br />payments. <br />(8) To keep the property insured as required by and under insurance policies approved by the Government and, It <br />its request, to Jelivcr IUch polici:s to the Government. <br />(9) To maintain improvemen'~s in good repair and make repairs required by the Government; operate the property <br />in a good and husbandmanllkc manner; comply with such f4lrm conservation practices and farm and home management plans <br />as the Government from time to time may prescribe; and not to abandon the property, or cause or permit waste, ledening or <br />impainnent of the security covered hereby, or, without the written coment of the Governm~nt, cut, remove, or lease any <br />timber, gravel, oil, gas, coal, or other mUlI:nls except as may be necessary for ordinary domestic purposes. <br />(10) To comply with all laws, ordinances, and regulations affl~cting the property. <br />(11/ To payor reimburse the Government for expenses reasonably necessary or incidental to the protection of the lien <br />and prior ty hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supple~ <br />mentary agreement (whether befofl~: or after default), includin~ but not limited to costs of evidence of title to and survey of <br />the property, costs of recording this and other instruments, attorneys' fees, trustees' fees, court costs, and expenses of adver- <br />tising, selling and conveying the property. <br />(12) Except as otherwise provided by the Farmers Home Administration regulations, neither the property nor any <br />portion thereof or interest therein shall be leased, assigned, sold, transferred, or encumbered voluntarily or otherwise, without <br />the written consent of the Government. The Government shall have the sole and exclusive rlW1ts as mortgagee hereunder, <br />including but not limited to the power to grant consents, partial releases. subordinations, and satisfaction, and no insured <br />holder shall have any rights, title or interest in or to the lien or any benefits hereof. <br />(13) At all re2sonable times the Government and its agents may inspect the property to ascertain whether the cov- <br />enants an(l ~greements contained herein or in any supplementary agreement are being performed. <br />(14) The Government may (a) extend or defer the maturity of, and renew and reschedule the payments on. the debt <br />evidenced by the note or any indebtedness to the Government secured by this instrument, (b) release any/arty who is <br />liable under the note or for the debt from liability to the Government, (c) release portions of the property an subordinate <br />its lien, and (d) waive any other of its rights under this instrwncnt. Any and all this can and will be done without affecting <br />the lien or the priority of this instrument or Borrower's or any other party's liability to the Government for payment of the <br />note or debt secured by this instrument unless the Government says otherwise in writing. HOWEVER, any forbearance by <br />the Government-whether once or often-in exercising any right or remedy under this instrument, or otherwise afforded by <br />applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. <br />(15) If at OlDY time it shall appear to the Government that Borrower may be able to obtain a loan from a production <br />credit association, a Federal land bank, or other responsible cooperativ~ or private credit source. at reasonable rates and terms <br />for loans for similar purposcs and periods of time, Borrower will, upon the Government's request, apply for and accept such <br />loan in sufficient amount to pay the note and any indebtedness secured hereby and to pay for any stock necessary to he <br />purchased in a cooperative lending agency in connection with such loan. <br />(16) Default hereunder shall constitute default under any other real estate, or under any personal property or other, <br />security instrllment held or inlllrcd by the Govt:rnment and excr;utcd or ali:iumed by Borrower. and default under .:my such <br />other security instrument shall constitute default hereunder. <br />(17) SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or sl:cured by <br />this instrument, ur should the parties named as Borrower die or be declared an incompetent, or should anyone of the parties <br />named as Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, <br />the Government, at its option, with or without notice, may: (a) declare the entire amount unpaid under the note and any <br />indebtedness to the Government hereby secured immediately due and payable, (h) for the account of Borrower incur .and pay <br />reasonable expenses for repair or maintenance of and take possession of, operate or rent the property, (c) upon application <br />by it and production of tbis instrument, without other evidence and without notice of hearing of said application, have a <br />receiver appointed for the property, with the usual powers of receivers in like cases, (d) foreclose this instrwnent as provided <br />herein or by law, .and (c) enforce any and all other rights and remedies provided herein or by present or future law. <br />(18) The proceedl of foreclosure sale shall be applied in the following order to the pa.yment of: (a) ,costs and expenses <br />incident to enforcing or complying with the provisions hereof, {b} any prior liens required by law or a competent court to be <br />so paid, (c) the debt evidenced by the note il..'ld all indebtedness to the Government secured herehy, (d) inferior liens of <br />record re~uired by law or a competent cOUrt to be so paid, (e) at the Government's option, any other indebtedness of Bor- <br />rower owmg to or insured by the Government, and (C) any balance to Borrower. At foreclosure or other sale of all or any <br />part of the property, the Government and its agents may bid and purchase as a stranger and may pay the Government's share <br />of the purchase price by crediting such amount on any debts of Borrower owing to or insured by tlte Government, in the <br />order prescribed ~bove. <br />(19) Borrower agrees that the Government wID not be bound by any prcsent or future Sute law, (a) providing for <br />valuation, appraisal, homestead or exemption of the ,property, (b) prohibiting maintenance of an action for a deficiency <br />judgment or limiting the ilDlount thereof or the time within which such action must be brought, (c) prescribing any other <br />statute of limitations, (d) allowing any r4tht of redemption or possession following any foreclosure sale, or (c) limiting the <br />conditions which the: Government may by regulation impose, including the interest rate it may charge, as a condition of <br />approving a transfer of the pruperty to a new Borrower. Borrower expressly waivcs the benefit of any such State laws. <br />