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W~~ ~aJ`+2'~Q~SV 2~. Each covenant, agreement, and provision contained in this Mortgage shall apply to, inure to the benefit of, and be binding upon the Mortgagor, American, their respective heirs, peraonai repre- sentatives, successors, and assigns, if Mortgagor is more than one person or entity, the Obligation shall be the joint and several obli- gation of each such person andj~r entity. The term "American" as used in this Mortgage shall include any lawful owner, holder, assign- ee, 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. 20. In the event that any term, covenant, or condition of this Mortgage or the Note shall be held to be invalid, illegal, or unenforceable, this Mortgage or the Note shall be construed and enforced without such provision. 27. It is the intention of the Mortgagor and American to conform strictly to usury laws now ar hereafter in force in the State, and any interest payable under the Note or this Mortgage shall be subject to reduction to the amount not in excess of the maximum nonusurious amount allowed under the usury 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 ii: no~circumstances exceed the maximum legal rate upon the unpaid principal balance of the Obligation remaining unpaid from time to time. In the event such interest does exceed the maxi- mum legal rate, it shall be deemed a mistake and such excess shall be cancelled automatically and, if previously paid, rebated to the Mortgagor or credited on the principal amount of the Note, or if the Note has been repaid, then the excess shall be rebated to the Mortgagor. Any deposits or other sums at any time credited by or due from American 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 American. 28. Upon payment of the Obligation secured by this Mortgage, or if the purposes of this Mortgage shall otherwise be sat- isf led, American shall execute and deliver to the Mortgagor a release of this Mortgage. American may release portions of the Property from the lien of this Mortgage without impairing any rights or priority American may have in the remainder of the Property or against the the Mortgagor and any guarantors, their respective heirs, personal repre- sentatives, successors, or assigns. Mortgagor will pay all expenses incurred by American in connection with any release or partial release of this Mortgage. EXECUTED AND DELIVERED the gay and year first above written. Mortgagor: T & E CATTLE C0~1FA(`Y ~..~ ~. -8-