Fill and Sign the Guaranty Lease Form

Guaranty of a Lease Guaranty made on _____________________ (date) , by _______________________ (Name of Guarantor) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at _________________________________ __________________________________________________________ (street address, city, state, zip code) , referred to herein as Guarantor , in favor of ______________________ (Name of Obligee) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at _________________________________ ______________________________________________________ (street address, city, state, zip code) , referred to herein as O bligee or Lessor . Whereas, Obligee has leased premises at ____________________________________ _________________________________________________________ (street address, city, county, state, zip code) , to _____________________ (Name of Obligor) , hereafter also called Lessee , whose address is __________________________________________________ _____________________________________ (street address, city, county, state, zip code) , for use by Lessee in conducting its business of (describe nature of business) ____________ ____________________________________________________________________________ _______________________________________________________________________ ; and Whereas, a copy of the said Lease is attached as Exhibit A and made a part hereof by reference; and Whereas, the Lease is conditioned on Guarantor's giving security for performance of all obligations of said Lease in the form of a personal guaranty; Now, therefore, for and in consideration of Lessor’s granting the above-described Lease to Lessee, the sufficiency of which is hereby acknowledged, Guarantor agrees as follows: 1. Guarantor does hereby unconditionally guarantee, as a primary obligor and not as a surety, and promises to perform and be liable for, the payment of rent by Lessee, and all other obligations of Lessee for the initial term of the Lease beginning __________________ (date) and ending ___________________ (date) . 2. The Lease may be amended or modified, and further agreements may be entered into between Lessee and Lessor, without further authorization from or notice to the Guarantor and no such action shall terminate, release, reduce, diminish or in any way affect any of the obligations of the Guarantor hereunder or give any Guarantor recourse or defense against Lessor. 3. Lessor may alter, compromise, accelerate, extend or change the time or manner for the performance or payment of any obligations of Lessee under the Lease, waive any default by Lessee, fail to assert any rights against Lessee, grant to Lessee any other indulgence or concession with respect to all or any part of any of the obligations of Lessee under the Lease, and may generally deal with Lessee, or any indebtedness of Lessee to Lessor, as Lessor sees fit, and no such action and no change, impairment or suspension of any right or remedy of Lessor shall terminate, release, reduce, diminish or in any way affect any of the obligations of Guarantor hereunder or give any Guarantor any recourse or defense against Lessor. 4. The amount of liability of Guarantor and all rights, power and remedies of Lessor hereunder shall be cumulative and not alternative and shall be deemed to include all rights, powers and remedies given to Lessor by law. 5. The obligations of Guarantor hereunder are independent of the Lease obligations. In the event of any default hereunder, a separate action or actions may be brought and prosecuted against Guarantor whether or not Lessee is joined therein or a separate action or actions is brought against Lessee. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its other rights or remedies or by any such action or by any number of successive actions until and unless all of the Lease obligations hereby guaranteed have been fully performed. 6. Notice of acceptance of this Guaranty is hereby waived. 7. Guarantor shall be liable for, and agrees to pay to Lessor without demand, attorneys' fees in such amount as the Court determines is reasonable and all costs and other expenses which Lessor expends or incurs in enforcing, collecting or compromising the Lease obligations hereby guaranteed or in enforcing or collecting upon this Guaranty against Guarantor the Lease obligations hereby guaranteed whether or not suit is filed. 8. Guarantor represents and warrants that it is represented or has had full opportunity to be represented by independent legal counsel of its own choice in connection with this Guaranty, that it has personally reviewed this Guaranty, and that it has the requisite experience and sophistication to understand its terms and conditions and the consequences of the duties assumed and rights waived herein. In the event of an ambiguity in or dispute regarding the interpretation of this instrument, the interpretation shall not be resolved by any rule providing for interpretation against the drafting party. 9. Guarantor represents and warrants and shall be estopped from denying that this Guaranty is made directly to Lessor and is independent, collateral, separate and distinct from any obligations of the Lessee to Lessor. 10. Guarantor agrees to be bound by all provisions of the Lease. 11. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 12. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 13. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 14. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 15. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 16. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 20. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. _________________________ __________________________ (Name of Guarantor) (Name of Lessee) By:____________________________ By:_______________________________ _________________________ ___________________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) _________________________ ___________________________ (Signature of Officer) (Signature of Officer)