OR ANY OTHER LOAN PARTY OR WHICH
BORROWER, GUARANTOR OR ANY OTHER LOAN PARTY HAS AGAINST LENDER;
(H)
THE APPLICATION OF PAYMENTS RECEIVED FROM ANY SOURCE TO THE
PAYMENT OF ANY OBLIGATION OTHER THAN THE SECURED OBLIGATIONS, EVEN THOUGH LENDER
MIGHT LAWFULLY HAVE ELECTED TO APPLY SUCH PAYMENTS TO ANY PART OR ALL OF THE
SECURED OBLIGATIONS;
6
(I)
THE ADDITION OF ANY AND ALL OTHER ENDORSERS, GUARANTORS, OBLIGORS
AND OTHER PERSONS LIABLE FOR THE PAYMENT AND/OR PERFORMANCE OF THE SECURED
OBLIGATIONS, AND THE ACCEPTANCE OF ANY OTHER SECURITY FOR THE PAYMENT AND/OR
PERFORMANCE OF THE SECURED OBLIGATIONS;
(J)
THE POWER OR AUTHORITY OR LACK OF POWER OR AUTHORITY OF BORROWER
TO EXECUTE AND DELIVER THE NOTE OR THE LOAN AGREEMENT, OR OF BORROWER OR ANY
OTHER LOAN PARTY TO EXECUTE, ACKNOWLEDGE OR DELIVER ANY ONE OR MORE OF THE LOAN
DOCUMENTS;
(K)
THE VALIDITY OR INVALIDITY OF THE NOTE, THE LOAN AGREEMENT, THE
ENVIRONMENTAL INDEMNITY AGREEMENT, THE LIMITED GUARANTY, OR THE OTHER LOAN
DOCUMENTS;
(L)
THE EXISTENCE OR NON-EXISTENCE OF BORROWER OR ANY OTHER LOAN
PARTY AS A LEGAL ENTITY;
(M)
THE TRANSFER BY BORROWER OR ANY OTHER LOAN PARTY OF ALL, OR ANY
PART OF, OR ANY INTEREST IN ALL OR ANY PART OF THE PROPERTY;
(N)
THE INSTITUTION BY OR AGAINST BORROWER, BORROWER'S MEMBERS OR ANY
OTHER LOAN PARTY OF BANKRUPTCY, REORGANIZATION, READJUSTMENT, RECEIVERSHIP OR
INSOLVENCY PROCEEDINGS OF ANY NATURE, OR THE DISAFFIRMATION OF THE ENVIRONMENTAL
INDEMNITY AGREEMENT, THE LIMITED GUARANTY, OR ANY ONE OR MORE OF THE LOAN
DOCUMENTS IN ANY SUCH PROCEEDINGS OR OTHERWISE;
(O)
ANY IRREGULARITY OR THE UNENFORCEABILITY (BY REASON OF ANY
GOVERNMENTAL AUTHORITY'S PURPORTING TO REDUCE OR AMEND OR OTHERWISE AFFECT THE
SECURED OBLIGATIONS), OR THE RELEASE OR DISCHARGE OF BORROWER OR BORROWER'S
MEMBERS IN ANY RECEIVERSHIP, BANKRUPTCY, WINDING-UP OR OTHER CREDITOR
PROCEEDINGS;
(P)
THE DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT
BORROWER OR ANY OTHER LOAN PARTY IS NOT REQUIRED TO PAY AND/OR PERFORM THE
SECURED OBLIGATIONS PURSUANT TO OPERATION OF LAW;
(Q)
THE ACCEPTANCE BY LENDER OF PAYMENT OF A PART OF THE SECURED
OBLIGATIONS, OR ANY FAILURE, NEGLECT OR OMISSION ON THE PART OF LENDER TO
REALIZE ON OR PROTECT ANY OF THE SECURED OBLIGATIONS OR ANY REAL ESTATE,
PERSONAL PROPERTY, OR MORTGAGE OR LIEN SECURITY GIVEN AS SECURITY THEREFOR, OR
TO EXERCISE ANY LIEN UPON, OR RIGHT OF APPROPRIATION OF, ANY MONIES, CREDITS OR
PROPERTY OF BORROWER TOWARD LIQUIDATION OF THE SECURED OBLIGATIONS;
(R)
THE FAILURE BY LENDER OR ANYONE ACTING ON BEHALF OF LENDER TO
PERFECT OR MAINTAIN PERFECTION OF ANY LIEN OR SECURITY INTEREST UPON ANY PART OF
THE PROPERTY GIVEN AT ANY TIME TO SECURE REPAYMENT OF THE SECURED OBLIGATIONS;
OR
(S)
ANY RIGHT OR CLAIM WHATSOEVER WHICH GUARANTOR MAY HAVE AGAINST
BORROWER, BORROWER'S MEMBERS, ANY OTHER LOAN PARTY OR LENDER OR THE SUCCESSORS
OR ASSIGNS OF ANY OF THEM;
all whether or not Guarantor shall have had notice or knowledge of any act or
omission referred to in the foregoing clauses (a)