Mortgagor not bound to personal performance.

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44-8-1.3. Mortgagor not bound to personal performance.

A real estate mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect.

Source: CivC 1877, §1727, subdiv 3; CL 1887, §4351, subdiv 3; RCivC 1903, §2047, subdiv 3; RC 1919, §1551 (3); SDC 1939, §39.0207 (3); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.


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