89� 101936
<br />moratorium, or other debtor relief proceedimg,::and the Guarantors
<br />1 waive any right to the deferral or modificatiot of the Guarantors'
<br />obligations hereunder by reason of any such.proceedings.
<br />8. The obligations of the Guarantors hereunder are joint and
<br />several, and independent of the obligations of the Borrower, and a
<br />separate action or actions may be brought and prosecuted against
<br />the Guarantors, or any one of them, whether:-or not action is
<br />brought against the Borrower and whether-or xiot the Borrower be
<br />joined in any such action or actions. The,Mzarantors waive, to.the
<br />fullest extent permitted by law, the benefit of any statute of
<br />limitations affecting their liability hare -4mder or the enforcement
<br />thereof. Any payment of the Borrower or.other.circumstance which
<br />operates to toll any statute of limitations as to the Borrower
<br />shall operate to toll the statute of limritrations as to the
<br />Guarantors.
<br />9. It is not necessary for the Lender to inquire into the
<br />capacity or powers of the Borrower or the officers, directors, or
<br />agents acting or purporting to act on Ats behalf, and any
<br />indebtedness made or created in reliatice upon the professed
<br />exercise of such powers shall be guaranteed hereunder.
<br />10.. The Guarantors jointly and severally waive -any right to
<br />require the Lender to: (a) proceed:agaanst the Borrower or any
<br />other party; (b) proceed against or exhaust any security held from
<br />the Borrower; or (c) pursue any other remedy in the Lender's power
<br />whatsoever. The Lender may, at its election,,forecilcse on any
<br />security held by the Lender by one or more judicial or nonjudicial
<br />sales, whether or not every aspect of any such sale is commercially
<br />reasonable, or exercise any other right or remedy the Lender may
<br />have against the Borrower, or any security, without affecting or
<br />impairing in any way the liability of the Guarantors hereunder
<br />except to the extent the indebtedness has been paid. The
<br />Guarantors jointly and severally waive any defense arising out of
<br />any such election by the Lender, even though such election operates
<br />to impair or extinguish any right or reimbursement or subrogation
<br />or other right or remedy of the Guarantors against the Borrower or
<br />any security. Until all indebtedness of the Borrover to the Lender
<br />shall have been paid in full, even though such indettedness is in
<br />excess of the Guarantors' liability hereunder, the Guarantors shall
<br />have no r.iSht of subrogation, and waive any right to enforce any
<br />remedy which t2te Lender now has or nay. hereafter bzawe against the
<br />Borrower,.and waive any benefit of arid: any right to participate in
<br />any security now or hereafter held bi the Lender. The Guarantors
<br />jointly and severally waive all presentments, demands for
<br />performance, protests and notices; including without limitation
<br />notices of nonperformance, notices of protest, notices of dishonor,
<br />notices of acceptance of this gw4ranty, and notices of the
<br />existence, creation or incurring of new or additional indebtedness.
<br />The Guarantors.assume all repponsibility for being and keeping
<br />themselve3 informed of the Borrower's financial condition and
<br />assets, and of all other.circumstances bearing upon the risk of
<br />nonpayment of the indebtedness and the nature, scope, and extent cf
<br />the risks which the Guarantors assume and incur hereunder, and
<br />agree that the Lender shall have no duty to advise Guarantors of
<br />in.forma.,tion known to it regarding such circumstances or risks.
<br />11. In addition to the amounts guaranteed hereunder, the
<br />Guarantors jointly and severally agree to pay reasonable attorneys,
<br />fees and all otter costs and expenses incurred by the Lender in
<br />enforcing this giiavanty or in any action or proceeding arising out
<br />of, or relating,toi this guaranty.
<br />12. In addition to all liens upon, and rights of setoff
<br />L against the moneys, securities, or other property of the Guarantors
<br />given to the bender by law, the Lender shall have a lien upon and a
<br />right of setoff against all moneys, securities, and other property
<br />of the Guarantors now or hereafter in the possession of or on
<br />D:\LOA1JDOC\HEALTH.GUA
<br />April 10, 1969 3
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