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<br />200710226 <br /> <br />14. Hazardous substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous <br /> <br />substances on or in the property. The preceding sentence shall not apply to the presence, use, or storage on the property of small <br />quantities of hazardous substances that are generally recognized to be appropriate to normal use and maintenance of the property. <br />Borrower covenants that Borrower has made full disclosure of any such known, existing hazardous conditions affecting the <br />property. Borrower shall not do, nor allow anyone else to do, anything affecting the property that is in violation of any federal, <br />state, or local environmental law or regulation. Borrower shall promptly give the Government written notice of any investigation, <br />claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the property and any <br />hazardous substance or environmental Jawor regulation of which Borrower has actual knowledge. If Borrower learns, or is notified <br />by any governmental or regulatory authority, that any removal or other remediation of any hazardous substance affecting the <br />property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with applicable environmental law <br />and regulations. As used in this paragraph, "hazardous substances" are those substances defined as toxic or hazardous substances by <br />environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this <br />paragraph, "environmental law" means Federal laws and regulations and laws and regulations of the jurisdiction where the property <br />is located that relate to health, safety or environmental protection. <br /> <br />15. Adjustment; release; waiver; forbearance. In accordance with Government regulations, the Government may (a) adjust <br /> <br />the interest rate, payment, terms or balance due on the loan, (b) increase the mortgage by an amount equal to deferred interest on <br />the outstanding principal balance, (c) extend or defer the maturity of, and renew and reschedule the payments on the note, (d) <br />release any party who is liable under the note from liability to the Government, (e) release portions of the property and subordinate <br />its lien, and (f) waive any other of its rights under this instrument. Any and all of this can and will be done without affecting the <br />lien or the priority of this instrument or Borrower's liability to the Government for payment of the note secured by this instrument <br />unless the Government provides otherwise in writing. HOWEVER, any forbearance by the Government - whether once or often - in <br />exercising any right or remedy under this instrument, or otherwise afforded by applicable law, shall not be a waiver of or preclude <br />the exercise of any such right or remedy. <br /> <br />16. Graduation. If the Government determines that Borrower may be able to obtain a loan from a responsible cooperative or <br />private credit source at reasonable rates and terms for loans for similar purposes and periods of time, Borrower will, upon the <br />Government's request, apply for and accept such a loan in sufficient amount to pay the note secured by this instrument and to pay <br />for stock necessary to be purchased in a cooperative lending agency in connection with such loan. <br /> <br />17. Forfeiture. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in <br /> <br />the Government's good faith judgment could result in forfeiture of the property or otherwise materially impair the lien created by <br />this instrument or the Government's security interest. Borrower may cure such default by causing the action or proceeding to be <br />dismissed with a ruling that precludes forfeiture of the Borrower's interest in the property or other material impairment of the lien <br />created by this security instrument or the Government's security interest. <br /> <br />18. False statement. Borrower also shall be in default if Borrower, during the loan application process, gave materially false <br /> <br />or inaccurate information or statements to the Government (or failed to provide the Government with any material information) in <br />connection with the loan evidenced by the note. <br /> <br />19. Cross Collateralization. Default under this instrument shall constitute default under any other security instrument held <br />by the Government and executed or assumed by Borrower. Default under any other such security instrument shall constitute default <br />under this instrument. <br /> <br />20. Highly erodible land; wetlands. Any loan secured by this instrument will be in default if Borrower uses any loan <br /> <br />proceeds for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce <br />an agricultural commodity as provided in 7 C.F.R. part 1940, subpart G, or any successor Government regulation. <br /> <br />21. Non-discrimination. If any part of the loan for which this instrument is given shall be used to finance the purchase, <br />construction or repair of property to be used as an owner-occupied dwelling (herein called "the dwelling") and if Borrower intends <br />to sell or rent the dwelling and has obtained the Government's consent to do so (a) neither Borrower nor anyone authorized to act <br />for Borrower will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make <br />unavailable or deny the dwelling to anyone because ofrace, color, religion, sex, national origin, disability, familial status or age, <br />and (b) Borrower recognizes as illegal and hereby disclaims, and will not comply with or attempt to enforce any restrictive <br />covenants on the dwelling relating to race, color, religion, sex, national origin, disability, familial status or age. <br /> <br />Initial ~ date \1- ~" 61 <br /> <br />FSA 1927-1 NE (01.28.5) Page 40f7 <br />