Laserfiche WebLink
7 <br />CONTINUING GUARANTY <br />TO: Bank of Doniphan - Doniphan, Nebraska 85-- 001174 <br />As an inducement to you for, and inconsideration of, your making or extending one or more loans, director indirect or other <br />credit facilities or financial accommodation@, direct or contingent, (all of which are hereinafter referred to as "loans ") to <br />F' r..- <br />y y. w' e b Y, CC Sunolies <br />as said borrower may obtain from you, and <br />(hereinafter hich the undersigned herebyoreq request be upon ade or extended, the undersigned do <br />hereby joindt and severally guarantee to you, your successors and assigns, the due and prompt payment and fulfillment of all <br />loans, and other obligations of any nature of the borrower to you, your successors and assigns, now existing or which hereafter <br />may be contracted or existing as the same shall respectively become due, whether at maturity, by declaration, demand, or <br />otherwise, together with accrued interest, charges and all expenses (including attorneys' fees) of enforcing or obtaining, or <br />endeavoring to enforce or obtain, performance or payment thereof. <br />It is the intent of the undersigned that this agreement shall constitute an absolute and unconditional continuing guaranty to <br />You for the purposes hereinbefore set forth. This Guaranty is without limitation as to duration and is revolving. You may <br />continue to act on the faith hereof until you shall receive from the undersigned written notice of discontinuance of said <br />guaranty with regard to future loans, which notice will not in any way affect any loans theretofore made or obligations <br />theretofore incurred, whether then due and payable or thereafter to become due and payable. <br />The undersigned further agree: <br />(1) That the liability hereunder shall not be affected or impaired in any way (and you are hereby expressly authorized to do <br />the acts and things herein mentioned from time to time, without notice to anyone, and either before or after revocation of this <br />guaranty) : (i) by any sale, pledge, surrender, compromise, settlement, release, renewal, extension, indulgence, alteration, <br />substitution, exchange, modification or other disposition of the loans, any evidence thereof, or any security or collateral <br />therefor; (ii) by any acceptance by you of security for or other guarantors of, any loans; (iii) by any failure, neglect or omission <br />to realize upon or protect any loans, or any collateral or security therefor, or to exercise any lien upon or right of appropriation <br />of moneys, credits or property toward the liquidation of the loans, (iv) by failure on the part of the Bank to perfect a security <br />interest in any collateral given to secure the loans to the Borrower; or (v) by any application of payments or credits upon said <br />loans. <br />(2) That you shall not be required to resort first for payment to said borrower, or other persons or corporations, their <br />properties or estate@, or to any collateral or security, (including other guaranties) property, liens or other rights or remedies <br />whatsoever; that you shall have a general lien on and security interest in and a right of setoff against all property of the <br />undersigned now or hereafter in your possession or on deposit with you, whether held in a general or special account, or for <br />safekeeping or otherwise, and such lien, security interest and right of setoff may be enforced or exercised without demand upon <br />or notice to the undersigned. <br />(3) That the failure of any person or persons to sign this Guaranty shall not release or affect the liability of any signer <br />hereof. <br />(4) That the undersigned waive all rights or subrogation to any collateral and remedies which you may have against the <br />borrower and other persons, until all of the borrower's loans and obligations shall have been fully paid and discharged. <br />(5) That if this Guaranty is executed by more than one signer, all agreements and promises herein shall be construed to be, <br />and or hereby declared to be, joint and several in each and every particular and shall he fully binding upon and enforceable <br />against either, any or all of such signers and neither the death, release of or revocation by one or more signers shall affect or <br />release the liability of any other signer, either as to loans then existing or thereafter incurred. The death of the undersigned, or <br />any of them, shall not revoke this Guaranty as to such decedent unless and until written notice therof be actually received by <br />you, and all loans and obligations then existing shall be binding on the estate of such deceased party. <br />(6) That the undersigned waive all presentment for payment, demand, protest, notice of protest, and notice of nonpayment, <br />dishonor and default. Election by ,You not to exercise your rights hereunder in particular situation shall not be deemed a <br />waiver of any of your rights hereunder at any other time or a discharge of the lia bility of the undersigned under this Guaranty. <br />(7) That all rights arising under this Guaranty shall be determined according to the laws of the State of Nebraska. This <br />Guaranty and every part thereof shall be binding upon the undersigned and upon the heirs, legal representatives, successors <br />end assigns of the undersigned, and of each of them, respectively, and shall inure to the benefit of you, your successors and <br />assigns. <br />(8) To secure this Guaranty, we do hereby jointly and severally pledge to you and grant you a security interest under the <br />Uniform Commercial Code in the following Collateral: <br />Lot :'iVe (5) 'shites <br />Hall Cou:s *,yr rasi <br />�, . <br />together with all substitutions and replacements thereof, and all property now or hereafter in your possession or control, and <br />all Proceeds of any of the foregoing Collateral. If any of the foregoing Collateral is instruments or chattel paper, you are not <br />obligated to take any steps to preserve rights against prior parties. In the event of default upon the Guaranty. we agrf a Ue pti�. <br />Your reasonable attroneys' fees and legal expenses incurred in connection therewith, and weshall remain liable hereon for anv <br />deficiency existing after sale or other disposition of the Collateral. We agree thatif notice to us of anv occurrence is required by <br />law, written police mailed to us five days in advance of such occurrence to our last address shown on your records shall be <br />reasonable notice. <br />Except as expressly stated here, this Guaranty is without tiny limitation whatever: <br />Signed this _ . \\ Z` , - -._ (lay tit _ s-Fe 4 <br />NttrNF.lry , <br />IYt vinrr r <br />�.. "VMwsrar t '4 <br />JUNlt. Hl;nTFl may" <br />GENERAI NOTARfAC �a <br />911AL <br />STATa. [2F '41k1a,r;, <br />t <br />