Legal Bail Enhancement Form

LEGAL BAIL ENHANCEMENT FORM

This Bail Enhancement Agreement (the "Agreement") is made and entered into as of , by and between Surety Name: with principal place of business at (hereinafter "Surety"), and Indemnitor Name: residing at (hereinafter "Indemnitor").

RECITALS

WHEREAS, Surety previously executed a bail bond or undertaking identified as Original Bond Number: in the amount of $ (the "Original Bond") on behalf of the Obligor: .

WHEREAS, the court or prosecuting authority has required an increase or modification to the penal sum, conditions, or security for the Original Bond; and

WHEREAS, Surety and Indemnitor agree that the Original Bond shall be enhanced on the terms set forth herein to secure the release or continued release of the Obligor.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement the following terms shall have the meanings set forth below:

"Original Bond" means the bail bond identified above. "Enhanced Bond" means the bond or undertaking resulting from the enhancement described in Section 2. "Obligor" means the individual for whom bail is posted. "Collateral" means property or security provided by Indemnitor to secure Surety's obligations under this Agreement.

2. ENHANCEMENT

Surety agrees to increase the penal sum or modify the Original Bond as follows: New Penal Sum $ . The enhancement shall be effective on the date specified above and shall apply to Bond Number: .

3. CONSIDERATION

Indemnitor acknowledges receipt of the benefit of Surety's consent to enhance the bond and agrees that such forbearance by Surety and the promise to continue or enlarge the Original Bond constitute adequate consideration for this Agreement.

4. INDEMNITY

Indemnitor hereby unconditionally and irrevocably agrees to indemnify, defend, and hold harmless Surety from and against any and all liabilities, losses, costs, expenses (including reasonable attorneys' fees and expenses), fines, penalties, and disbursements of any kind whatsoever which Surety may at any time incur or become liable for by reason of having executed, procured, continued, modified, augmented, or enforced the Enhanced Bond, whether such liabilities arise before or after any judgment or order, and whether or not Surety shall have paid any judgment or costs.

Indemnitor's obligations under this Section shall include, but are not limited to, payment of any forfeiture, court costs, and fees incurred in returning the Obligor to custody, and reimbursement to Surety for any payments made or losses suffered in connection with the Enhanced Bond.

5. SECURITY

Indemnitor grants Surety a first-priority security interest in and lien upon the described Collateral and any additions or substitutions thereto until full and final discharge of all obligations arising under or related to the Enhanced Bond. Indemnitor agrees to execute, acknowledge and deliver to Surety such further instruments as may be necessary to perfect and maintain such security interest.

6. REPRESENTATIONS AND WARRANTIES

Indemnitor represents and warrants that: (a) Indemnitor is the sole legal owner of the Collateral described above and has full authority to grant a security interest; (b) there are no liens, encumbrances, or adverse claims against the Collateral except as disclosed in writing to Surety; (c) Indemnitor has full power and authority to enter into this Agreement; and (d) the execution and performance of this Agreement do not violate any agreement, judgment, or law applicable to Indemnitor.

7. DUTIES AND COOPERATION

Indemnitor shall promptly pay all premiums, fees, fines, forfeitures, and costs associated with the Enhanced Bond and shall cooperate fully with Surety in the defense, surrender, or return of the Obligor to custody if required. Upon demand by Surety, Indemnitor shall immediately provide additional collateral or otherwise secure Surety's exposure.

8. NOTICE

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when personally delivered, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, to the addresses stated above or such other address as a party may designate by notice.

9. AMENDMENTS; WAIVER

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought. No failure or delay by Surety in exercising any right shall operate as a waiver of that right.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the court that ordered the enhancement is located, without regard to its conflict of law principles.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.

12. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intent of the parties.

13. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

14. ADDITIONAL ACKNOWLEDGMENTS

Indemnitor acknowledges receipt of a copy of this Agreement, affirms that Indemnitor has read and understands all of its terms, and that Indemnitor enters into this Agreement voluntarily and not under duress.

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