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202406658
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Last modified
12/31/2024 8:46:04 AM
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12/31/2024 8:46:03 AM
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DEEDS
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202406658
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202406658 <br />as of the date of this Guaranty (the "Real Estate Purchase Agreement"), by and between Borrower, <br />Lender and Guarantor, and all other documents executed in connection with the Loan Agreement, <br />the Note and the Deed of Trust. <br />19. Guarantor agrees to furnish to Lender financial statements and tax returns for <br />Guarantor upon the reasonable request of Lender, in such form and detail reasonably acceptable <br />to Lender. Guarantor shall provide notice, disclose and certify to Lender any material changes in <br />Guarantor's debt or net worth, and upon the reasonable request of Lender, certify that there has <br />been no material change in Guarantor's personal debt or net worth since the previous financial <br />statement delivered to Lender. <br />20. Guarantor covenants and agrees with Lender that Guarantor shall at all times <br />throughout the term of the Note maintain a minimum Liquidity (as hereinafter defined) of at least <br />$750,000. The failure of Guarantor to maintain such minimum Liquidity shall constitute an Event <br />of Default under the Note. For purposes hereof, "Liquidity" shall mean the sum of the total assets <br />of Guarantor, that are cash, cash equivalents, certificates of deposit, accounts and other highly <br />liquid investments (including marketable securities traded on a nationally -recognized public <br />exchange) that are not pledged, hypothecated, subject to rights of offset or otherwise restricted, as <br />determined by Lender. <br />21. Any notice or demand required hereunder shall be deemed to be delivered when <br />deposited in the United States mail, postage prepaid, certified mail, return receipt requested, <br />addressed to Guarantor or Lender, as the case may be, at the address set out hereinbelow, or at <br />such other address as such party may hereafter deliver in accordance herewith. Any other method <br />of delivery or demand shall be effective only when actually received by the recipient thereof. If <br />and when included within the term "Guarantor" or "Lender" there are more than one person, all <br />shall jointly arrange among themselves for their joint execution and delivery of a notice to the <br />other specifying some person at some specific address for the receipt of all notices, demands, <br />payments or other documents. All persons included within the terms "Guarantor" or "Lender" <br />respectively, shall be bound by notices, demands, payments and documents given in accordance <br />with the provisions of this paragraph to the same extent as if each had received such notice, <br />demand, payment or document. <br />22. Notices. <br />If to Lender: <br />Central Nebraska Growth Foundation <br />Attention: Mary Berlie <br />123 North Locust Street, Suite 201B <br />Grand Island, NE 68801 <br />E-mail: mberlie@grandisland.org <br />If to Borrower: <br />Innate 8, LLC <br />Attention: Scott Rief <br />-4- <br />
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