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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 <br />{ <br />f,- <br />r� <br />r` <br />�. a <br />