Legal Court Bonds Application

LEGAL COURT BONDS APPLICATION

Applicant Name:    Applicant Address:

Surety Name:    Surety Address:

Court:    County/County Equivalent:

Case Number:    Party on Record (Principal/Obligor):

RECITALS

WHEREAS, Applicant has requested that Surety issue a bond (the Bond) conditioned for the performance of obligations as required by the Court named above in connection with the referenced case; and

WHEREAS, the Court or other obligee requires the Bond in the form and amount set forth below as a condition to the relief sought in the proceeding; and

WHEREAS, Surety is willing to issue the Bond subject to the terms and conditions of this Application and the Indemnity Agreement set forth herein.

NOW, THEREFORE, in consideration of the issuance of the Bond, Applicant and Surety agree as follows:

1. BOND DESCRIPTION AND AMOUNT

Bond Type (check all that apply): Appeal Bond Cost Bond Fiduciary Bond Other    If Other, describe:

Bond Amount: $    Effective Date Requested:    Obligee (Court or Entity to be Protected):

2. APPLICATION; REPRESENTATIONS AND WARRANTIES

Applicant represents and warrants to Surety that all statements made in this Application and any attachments are true and complete; that Applicant has full authority to request issuance of the Bond; that there are no actions, claims, or proceedings pending that would materially affect the obligations secured by the Bond except as disclosed in writing; and that Applicant is not aware of any fact or circumstance that would render issuance of the Bond improper or unlawful.

Applicant shall notify Surety immediately of any change in financial condition or other matter that would reasonably be expected to affect Surety's decision to issue or maintain the Bond.

3. INDEMNITY AND DEFENSE

As a condition precedent to issuance of the Bond, Applicant and any indemnitors jointly and severally agree to indemnify, defend, and hold harmless Surety from and against any and all losses, liabilities, costs, attorneys' fees, judgments, fines, and expenses of every kind and description whatsoever which Surety may incur by reason of having executed, procured, or defended the Bond or any claim thereunder. This indemnity includes, without limitation, any advances made by Surety to obtain release of collateral or to procure discharge of any liability.

4. COLLATERAL AND SECURITY

At Surety's request, Applicant shall deliver collateral sufficient in Surety's sole discretion to secure Applicant's obligations hereunder. Applicant hereby grants to Surety a continuing security interest in and lien upon all collateral now or hereafter held by Surety and authorizes Surety to take possession of and apply such collateral to any liabilities arising under this Application or any Bond.

5. PREMIUMS, COSTS AND EXPENSES

Applicant shall pay all premiums, fees, and charges due to Surety as a condition of issuance and maintenance of the Bond. Applicant shall also be responsible for all costs and expenses (including reasonable attorneys' fees) incurred by Surety in connection with the enforcement of this Application or the Bond, whether or not suit is filed.

6. CLAIMS, SUBROGATION AND RECOVERY

Surety shall be subrogated to all rights of the obligee and Applicant upon payment by Surety of any claim under the Bond. Applicant agrees to cooperate fully with Surety in the prosecution or settlement of claims, and further assigns to Surety any recoveries or rights against third parties arising from the obligations secured by the Bond.

7. NOTICES

All notices required under this Application shall be in writing and shall be delivered personally, by certified mail (return receipt requested), or by nationally recognized overnight courier to the addresses set forth below or such other address as a party designates by written notice to the other.

8. CONDITIONS PRECEDENT

The obligations of Surety to issue the Bond are expressly conditioned upon: (a) receipt of this fully executed Application; (b) receipt of any requested financial statements, tax returns, credit information, and completed indemnity agreements; (c) receipt of required premium and collateral; and (d) the Court's approval, if required. Surety may decline issuance for any reason in its sole discretion.

9. GOVERNING LAW; VENUE

This Application and any Bond issued hereunder shall be governed by and construed in accordance with the laws of the state where the Court is located, without regard to its conflicts of law principles. Applicant submits to the exclusive jurisdiction of the courts located in that state for any dispute arising out of this Application or any Bond.

10. ENTIRE AGREEMENT; SEVERABILITY

This Application, together with any attachments and the Indemnity Agreement executed in connection herewith, constitutes the entire agreement between Applicant and Surety with respect to the subject matter hereof and supersedes all prior negotiations and agreements. If any provision of this Application is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

11. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Application shall be effective unless in writing and signed by the party against whom enforcement is sought. This Application may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. ATTACHMENTS AND ADDITIONAL INFORMATION

CERTIFICATIONS

By signing below, Applicant certifies under penalty of perjury that the information provided in this Application and any attachments is true, complete, and accurate to the best of Applicant's knowledge; that Applicant authorizes Surety to make any inquiries as necessary to determine creditworthiness and to verify the information provided; and that Applicant will be bound by the terms and conditions of this Application and any Indemnity Agreement executed concurrently.

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