MATERIALS OR OTHER PROPERTY IN RESPECT OF THE PREMISES OR
ANY PART THEREOF, NOR AS GIVING THE BORROWER OR ANY PARTY IN INTEREST WITH
BORROWER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT THE PERFORMANCE
OF ANY LABOR OR SERVICES OR THE FURNISHING OF ANY MATERIALS OR OTHER PROPERTY IN
SUCH FASHION AS WOULD CREATE ANY PERSONAL LIABILITY AGAINST THE LENDER IN
RESPECT THEREOF OR WOULD PERMIT THE MAKING OF ANY CLAIM THAT ANY LIEN BASED ON
THE PERFORMANCE OF SUCH LABOR OR SERVICES OR THE FURNISHING OF ANY SUCH
MATERIALS OR OTHER PROPERTY IS PRIOR TO THE LIEN OF THIS MORTGAGE.
6.3
INSPECTION.
BORROWER WILL PERMIT THE
LENDER'S AUTHORIZED REPRESENTATIVES TO ENTER THE PREMISES AT REASONABLE TIMES
FOR THE PURPOSE OF INSPECTING THE SAME; PROVIDED THE LENDER SHALL HAVE NO DUTY
TO MAKE SUCH INSPECTIONS AND SHALL NOT INCUR ANY LIABILITY OR OBLIGATION FOR
MAKING OR NOT MAKING ANY SUCH INSPECTIONS.
6.4
WAIVERS; RELEASES;
RESORT TO OTHER
SECURITY, ETC.
WITHOUT AFFECTING THE LIABILITY OF ANY PARTY LIABLE FOR PAYMENT
OF ANY INDEBTEDNESS SECURED HEREBY OR PERFORMANCE OF ANY OBLIGATION CONTAINED
HEREIN, AND WITHOUT AFFECTING THE RIGHTS OF THE LENDER WITH RESPECT TO ANY
SECURITY NOT EXPRESSLY RELEASED IN WRITING, THE LENDER MAY, AT ANY TIME, AND
WITHOUT NOTICE TO OR THE CONSENT OF THE BORROWER OR ANY PARTY IN INTEREST WITH
THE PREMISES OR THE NOTE:
(A)
RELEASE ANY PERSON LIABLE FOR PAYMENT OF
ALL OR ANY PART OF THE INDEBTEDNESS SECURED HEREBY OR FOR PERFORMANCE OF ANY
OBLIGATION HEREIN;
(B)
MAKE ANY AGREEMENT EXTENDING THE TIME OR
OTHERWISE ALTERING THE TERMS OF PAYMENT OF ALL OR ANY PART OF THE INDEBTEDNESS
SECURED HEREBY OR MODIFYING OR WAIVING ANY OBLIGATION, OR SUBORDINATING,
MODIFYING OR OTHERWISE DEALING WITH THE LIEN OR CHARGE HEREOF;
17
(C)
ACCEPT ANY ADDITIONAL SECURITY;
(D)
RELEASE OR OTHERWISE DEAL WITH ANY PROPERTY,
REAL OR PERSONAL, INCLUDING ANY OR ALL OF THE PREMISES, INCLUDING MAKING PARTIAL
RELEASES OF THE PREMISES; OR
(E)
RESORT TO ANY SECURITY AGREEMENTS, PLEDGES,
CONTRACTS OF GUARANTEE, ASSIGNMENTS OF RENTS AND LEASES OR OTHER SECURITIES, AND
EXHAUST ANY ONE OR MORE OF SAID SECURITIES AND THE SECURITY HEREUNDER, EITHER
CONCURRENTLY OR INDEPENDENTLY AND IN SUCH ORDER AS IT MAY DETERMINE.
6.5
WAIVER OF APPRAISEMENT, HOMESTEAD,
MARSHALING.
BORROWER HEREBY WAIVES TO THE FULL EXTENT LAWFULLY ALLOWED THE
BENEFIT OF ANY HOMESTEAD, APPRAISEMENT, EVALUATION, STAY AND EXTENSION LAWS NOW
OR HEREINAFTER IN FORCE.
BORROWER HEREBY WAIVES ANY RIGHTS AVAILABLE WITH
RESPECT TO MARSHALING OF ASSETS SO AS TO REQUIRE THE SEPARATE SALES OF ANY
PORTIONS OF THE PREMISES, OR SO AS TO REQUIRE LENDER TO EXHAUST ITS REMEDIES
AGAINST A SPECIFIC PORTION OF THE PREMISES BEFORE PROCEEDING AGAINST OTHER
PORTIONS OF THE PREMISES, OR SO AS TO REQUIRE LENDER TO EXHAUST ITS REMEDIES
AGAINST THE PREMISES OR ANY OTHER REAL PROPERTY OR PERSONAL PROPERTY SECURING
THE NOTE (WHETHER LOCATED IN THE STATE OF SOUTH DAKOTA OR ANY OTHER STATE)
BEFORE PROCEEDING AGAINST THE PREMISES OR ANY SUCH OTHER REAL PROPERTY OR