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Instrument, made by or on behalf of Lender and this Security Instrument secures other obligations that the then record owner of all or part of the Mortgaged Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Lender, when the obligation is evidenced by a writing which recites that it is secured by this Security Instrument, provided that pursuant to Ind. Code § 32- 29 -1 -10, the maximum amount which may be secured shall not exceed $10,000,000.00. 201 400400 2. Borrower hereby represents, warrants and covenants that none of the Mortgaged Property located in Indiana is within the definition of the term "property" contained in Ind. Code § 13 -11 -2 -174 and the transaction evidenced in this Security Instrument is not subject to the provisions of the Indiana Responsible Property Transfer Law. 3. Notwithstanding any other provisions of this Security Instrument, no power of sale shall exist with respect to the Mortgaged Property located in Indiana, and all references to any power of sale contained in this Security Instrument including, without limitation, paragraph 25(a)(iv), to the extent such paragraph does not relate to sales in connection with judicial foreclosure, shall be deemed deleted and of no force or effect with respect to Mortgaged Property located in Indiana 4. Amounts payable under the Note, this Security Instrument and/or any other Loan Document are payable without relief from valuation and appraisement laws, all of which Borrower hereby waives. ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR MORTGAGED PROPERTY LOCATED IN IOWA 1. NOTICE: This Security Instrument secures credit in the amount of $10,200,000.00. Loans and advances up to this amount pursuant to this Security Instrument with interest, are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. 2. Redemption. In the event the waiver of the right of redemption contained in this Security Instrument is not effective for any reason and foreclosure of this Security Instrument and of the sale of the Mortgaged Property by Sheriff's sale in said foreclosure proceeding, Lender hereby agrees: (a) If the Mortgaged Property covers less than ten (10) acres and Lender waives in the foreclosure action any rights to a deficiency judgment against Borrower, the redemption period shall be reduced to six (6) months, consistent with the provisions of Section 628.26, Code of Iowa, or any revision or successor thereof; (b) If the Mortgaged Property covers less than ten (10) acres, the Court in the foreclosure action affirmatively finds that such Mortgaged Property has been abandoned by the owners and those persons personally liable thereunder at the time of such foreclosure, and Lender waives in the foreclosure action any rights to a deficiency judgment against Borrower, - 95 -