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HomeMy WebLinkAbout0620 . other documents except payments of the original debt and guarantees prompt payment of the Accrued Sum, together with interest thereon as provided for in said Agreement, to the i extent permitted under applicable law, including all permissible attorney's fees and legal and other costs or expenses paid or incurred by Liberty in the enforcement of the collection of the Accrued Sum against Bears Nest. 2. Any Guarantor's liability hereunder shall. De unaffected by (i) any amendment or modification of the provisions of the Agreement, Promissory Note or the Mortgage or any other security instrument which secures the same or (ii) any extensions of time for performance which may be given, whether made with-or without notice to any Guarantor. 3. No delay on the part of Liberty in exercising any right, power or privilege under the Agreement, Promissory Note, the Mortgage, or any other security instrument securing the same shall operate as a waiver of such privilege, power or right or as a waiver of any rights under the terms of this Guaranty. 4. This Guaranty shall be construed as an absolute and unconditional guaranty of payment and performance without regard to the validity, regularity, or enforceability of any obligation or purported obligation of Bears Nest. Liberty shall . have its remedy under this Guaranty without being obliged to . resort first to any security or to any other remedy or remedies to enforce payment or collection of the obligations hereby guaranteed, and may pursue all or any of its remedies at one or at different times. S. The liabilities of the parties executing this Guaranty shall be joint and several. 6. In the event of default by Bears Nest under the Agreement, Liberty may (a) proceed against Bears Nest, (b) proceed 4 against or exhaust any security held from Bears Nest, or (c) pur- sue any other remedy in Liberty's power whatsoever. Guarantor 600K~~ PAGE V~L7 -2-