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HomeMy WebLinkAbout0621 t } waives any defense arising by reason of any disability or other defense of Bears Nest or by reason of the cessation from any cause whatsoever (except full compliance with all of its obliga- 1 tions) of the liability of Bears Nest. Until indebtedness of ~ Bears Nest to Liberty under said Agreement and other documents hereinabove referred to, shall have been paid in full, Guarantor shall have no'right of subrogation, and waives any right to enforce any remedy which Liberty now has or may hereafter have against Bears Nest, and waives any benefit of, and any right to.partici- pate in, any security now or hereafter held by Liberty. Guarantor waives all presentments, demands for performance, notices of non- performance, protests, notices of dishonor, and notices of accept- ance of this Guaranty and of the existence, creation or incurring of new or additional indebtedness. Guarantor covenants to use all means at their disposal to cause Bears Nest to maintain and preserve the enforceability of any instruments now or hereafter executed in favor of Liberty, and to take no action of any kind which might be the basis for a claim that Guarantor has any defense hereunder in connection with the above-mentioned documents, other than payment in full of all indebtedness of Bears Nest to f Liberty under the above-mentioned documents. Guarantor hereby E indemnifies Liberty against loss, cost or expense, by reason of the assertion by Bears Nest of any defense to its obligations under said loan documents, or resulting from the attempted asser- tion by Guarantor of any defense hereunder based upon any such with re$$ppect to th~ ~~ll~cti~gn action or inaction of Bears Nest/DiDlx#c4tx~t914ix§t9i4tDt~~C o e ccu ed Sum. Guarantor waives any right or claim of right to cause a marshalling of Bears Nest's assets or to require Liberty to proceed against Guarantor in any particular order. No delay on the part of Liberty in the exercise of any right, power or privilege under the documents hereinabove referred to with p Bears Nest or under this Guaranty shall operate as a waiver of any such privilege, power or right. - - 3 - (1K3~ PaGE 6~9 gpDK