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86- 101708 and several obligation of each such person and /or entity. The term "Bank" as used in this Mortgage shall include any lawful owner, holder, assignee, or pledgee of the obligation secured by this Mortgage as well as the holder of a certificate of purchase which may be issued under foreclosure. whenever used in this Mortgage, the singular number shall include the plural, the plural the singular, and use of any gender shall be applicable to all genders. 25. This Mortgage may be amended or modified only by an instrument in writing signed by the parties to this Mortgage or their respective heirs, personal representatives, successors or assigns. 26. In the event that any term, covenant, or condition of this Mortgage or the Note shall be held to be invalid, ille- gal, or unenforceable, this Mortgage or the Obligation shall be construed and enforced without such provision. 27. It is the intention of the Mortgagor and Bank to conform strictly to usury laws now or hereafter in force in the State, and any interest payable under the Obligation or this Mortgage shall be subject to reduction to the amount not in excess of the maximum nonusurious amount allowed under the usuary laws of the State as now or hereafter construed by the courts having jurisdiction over such matters. The aggregate of all interest chargeable or receivable under this Mortgage, or any other document in connection with this transaction, shall in no circumstances exceed the maximum legal rate upon the unpaid prin- cipal balance of the Obligation remaining unpaid from time to time. in the event such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be can- celled automatically and, if previously paid, rebated to the. Mortgagor. Any deposits or other sums at any time credited by or due from Bank to the Mortgagor may at all times be held and treated as collateral security for the payment of the Obligation, and shall be subject to setoff by Bank. 28. Upon payment of the Obligation secured by this Mortgage, of if the purposes of this Mortgage shall otherwise be satisfied, Bank shall execute and deliver to the Mortgagor a release of this Mortgage. Bank may release portions of the Property from the lien of this Mortgage without impairing any rights or priority Bank may have in the remainder of the Property or against the Mortgagor and any guarantors, their respective heirs, personal representatives, successors, or assigns. Mortgagor will pay all expenses incurred by Bank in connection with any release or partial release of this Mortgage. ADDITIONAL PROVISIONS The indebtedness secured by this mortgage is additionally secured by Mortgage dated the 17th day of July 1980, executed by Mortgagor in favor of elmerican AgCredit cerG>oraton recorded in Volume 80- 00384+ age , Mortgage Records, Ha 11. County, Nebraska — why ch mortgage has been assigned to Bank by assignment oeven date herewith. L N