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give the Government written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private
<br /> party involving the property and any hazardous substance or environmental law or regulation of which Borrower has actual knowledge. If Borrower
<br /> teams,or is notified 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 and regulations.
<br /> As used in this paragraph,"hazardous substances"are those substances defined as toxic or hazardous substances by environmental law and the
<br /> following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials
<br /> containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph,"environmental law"means Federal laws and regulations
<br /> and laws and regulations of the jurisdiction where the property is located that relate to health,safety or environmental protection.
<br /> 15. Adjustment;release;waiver;forbearance. In accordance with Government regulations,the Government may (a)adjust the interest
<br /> rate,payment,terms or balance due on the loan, (b)increase the mortgage by an amount equal to deferred interest on the outstanding principal
<br /> balance, (c)extend or defer the maturity of,and renew and reschedule the payments on the note, (d)release any party who is liable under the note
<br /> from liability to the Government, (e)release portions of the property and subordinate its lien,and (f)waive any other of its rights under this
<br /> instrument. Any and all of this can and will be done without affecting the lien or the priority of this instrument or Borrower's liability to the
<br /> Government for payment of the note secured by this instrument unless the Government provides otherwise in writing. HOWEVER,any forbearance
<br /> by the Government-whether once or often-in exercising any right or remedy under this instrument,or otherwise afforded by applicable law,shall
<br /> not be a waiver of or preclude the exercise of any such right or remedy.
<br /> 16. Graduation. If the Government determines that Borrower may be able to obtain a loan from a responsible cooperative or private
<br /> credit source at reasonable rates and terns for loans for similar purposes and periods of time,Borrower will,upon the Government's request,apply
<br /> for and accept such a loan in sufficient amount to pay the note secured by this instrument and to pay for stock necessary to be purchased in a
<br /> cooperative lending agency in connection with such loan.
<br /> 17. Forfeiture. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in the
<br /> Govemmcnes good faith judgment could result in forfeiture of the property or otherwise materially impair the lien created by this instrument or the
<br /> Governments security interest. Borrower may cure such default by causing the action or proceeding to be dismissed with a ruling that precludes
<br /> forfeiture of the Borrower's interest in the property or other material impairment of the lien created by this security instrument or the Govemments
<br /> security interest.
<br /> 18. False statement. Borrower also shall be in default if Borrower,during the loan application process,gave materially false or
<br /> inaccurate information or statements to the Government(or failed to provide the Government with any material information)in connection with the
<br /> loan evidenced by the note.
<br /> 19. Cross Collateralization. Default under this instrument shall constitute default under any other security instrument held by the
<br /> Government and executed or assumed by Borrower. Default under any other such security instrument shall constitute default under this instrument.
<br /> 24. Highly erodible land;wetlands. Any loan secured by this instrument will be in default if Borrower uses any loan proceeds for a
<br /> purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity as
<br /> provided in 7 CFR Part 12 or 7 CFR Part 799,or any successor Government regulation.
<br /> 21. Non-discrimination. If any part of the loan for which this instrument is given shall be used to finance the purchase,construction or
<br /> repair of property to be used as an owner-occupied dwelling(herein called"the dwelling")and if Borrower intends to sell or rent the dwelling and has
<br /> obtained the Government's consent to do so (a)neither Borrower nor anyone authorized to act for Borrower will,after receipt of a bona fide offer,
<br /> refuse to negotiate for the sale or rental of the dwelling or will otherwise make unavailable or deny the dwelling to anyone because of race,color,
<br /> religion,sex,national origin,disability,familial status or age,and (b)Borrower recognizes as illegal and hereby disclaims,and will not comply with
<br /> or attempt to enforce any restrictive covenants on the dwelling relating to race,color,religion,sex,national origin,disability,familial status or age.
<br /> 22. Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by law. Such notices shall be
<br /> addressed,unless and until some other address is designated in a notice,in the case of the Government to the State Executive Director of the Farm
<br /> Service Agency at the mailing address shown above,and in the case of Borrower at the address shown in the Government's Finance Office records
<br /> (which normally will be the same as the mailing address shown above).
<br /> 23. Governing law;severability. This instrument shall be governed by Federal law. If any provision of this instrument or the note or its
<br /> application to any person or circumstances is held invalid,such invalidity shall not affect other provisions or applications of this instrument or the
<br /> note which can be given effect without the invalid provision or application. The provisions of this instrument are severable. This instrument shall be
<br /> subject to the present regulations of the Government,and to its future regulations not inconsistent with the express provisions hereof. All powers and
<br /> agencies granted in this instrument are coupled with an interest and are irrevocable by death or otherwise;and the rights and remedies provided in
<br /> this instrument are cumulative to remedies provided by law.
<br /> 24. Successors and assigns;joint and several covenants. The covenants and agreements of this instrument shall bind and benefit the
<br /> successors and assigns of Government and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs
<br /> this instrument but sloes not execute the note: (a)is co-signing this instrument only to mortgage,grant and convey that Borrower's interest in the
<br /> property under this instrument; (b)is not personally obligated to pay the sugns secured by this instrument;and (c)agrees that the Government and
<br /> any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this instrument or the note
<br /> without that Borrower's consent.
<br /> 25. No merger. If this instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee
<br /> title to the property,the leasehold and the fee title shall not merge unless the Government agrees to the merger in writing. If the property is conveyed
<br /> to the Government,title shall not merge(unless the Government elects otherwise)and the lien provided under this instrument shall nni V—off--*-r►...
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