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F_ <br />86-101706 <br />for Mortgagor, to appear in and prosecute with Mortgagor, or <br />failing Mortgagor's separate action, to undertake in Bank's name <br />to make proof of loss, to adjust and compromise any claim under <br />insurance policies, to appear in and prosecute any action arising <br />from such insurance policies, to collect and receive insurance <br />proceeds, and to deduct from such proceeds Bank's expenses <br />incurred in the collection of such proceeds. Mortgagor further <br />authorises Bank, at Bank's option, to hold the balance of such <br />proceeds to be used to reimburse Mortgagor for the costs of <br />reconstruction or repair of the improvements, or to apply the <br />balance of such proceeds to the payment of the sums secured by <br />this Mortgage, whether or not then due. If the insurance pro- <br />ceeds are held by Bank co be used to reimburse Mortgagor for the <br />costs of restoration and repair of the improvements, the improve- <br />ments shall be restored to the equivalent of their condition <br />immediately prior to the casualty, or such other condition as <br />Bank may approve in writing. If the insurance proceeds are <br />applied to the payment of the sums secured by this Mortgage, any <br />such application of proceeds to principal shall be in the inverse <br />order of maturity, if applicable. If the Property is sold in a <br />foreclosure by Bank or the Property is acquired by Bank, all <br />right, title, and interest of Mortgagor in and to any insurance <br />policies and unearned premiums on such policies and in and to the <br />proceeds of such policies resulting from damage to the Property <br />prior to the sale or acquisition shall pass to Bank. <br />6. In the event the Mortgagor shall not fully comply <br />with the terms and conditions of any of the preceding Paragraphs <br />2, 3, 4, and 5, Bank may at its option make payment of the items <br />mentioned in such Paragraphs, and the Mortgagor agrees to repay <br />upon demand all funds hereafter advanced by Bank for such <br />payments, with interest on such payments from the date of such <br />payments until repaid at the default rate set forth in the Note, <br />all of which advances so made by Bank and interest shall be and <br />become part of the Obligation secured by this Mortgage. <br />7. Mortgagor shall not commit waste or permit waste to <br />be committed on the Property, shall keep all improvements on the <br />Property, including trees, shrubs, and fences, in good condition <br />and repair, and shall not overgraze the Property. Mortgagor <br />shall observe commercially acceptable animal husbandry practices <br />in operating the Property. <br />8. Mortgagor shall comply with all laws, ordinances, <br />and regulations affecting the Property or its use and shall <br />faithfully comply with the terms and conditions of all grazing <br />leases (federal, state, and private) and insurance policy provi- <br />sions now or hereafter in effect, made by or for the benefit of <br />the Mortgagor, for use in connection with the operation of the <br />Property. <br />9. Mortgagor will deliver immediately to Bank a true <br />copy of any process, pleadings, or papers, however designated, <br />related to any action or proceeding instituted to evict <br />Mortgagor, or to recover possession of the Property, or to affect <br />in any way this Mortgage, the Obligation, or title to the <br />Property. Should Bank be made party to any action affecting this <br />Mortgage, the Obligation or the title to the Property, Mortgagor <br />agrees that Bank may, at its option, defend such action, and in <br />the event Bank elects to defend, all court costs and expenses <br />thereof, including without limitation reasonable attorneys' fees, <br />surveys, and costs of evidence of title to the Property, shall <br />become a part of the Obligation secured by this Mortgage. <br />10. This Mortgage shall cover all property described in <br />Exhibit C and all property affixed to or located upon the real <br />property described in Exhibit k to this Mortgage which, to the <br />fullest extent permitted by law, shall be deemed fixtures and a <br />part of the real property, and shall cover all articles of per- <br />sonal property owned by Mortgagor which are delivered to the <br />-3- <br />