Common use of CONTINUING PERSONAL GUARANTY Clause in Contracts

CONTINUING PERSONAL GUARANTY. In consideration of the extension of credit to the Customer by Dealer, and as an inducement to Dealer to continue to extend credit to Customer, the undersigned, jointly and severally, unconditionally guarantee(s) the prompt payment of any and all sums of money now due or at any time hereafter due and owing to Dealer by Customer. The under- signed personally guarantee(s) payment for all goods, equipment and/or services purchased and/or leased by Customer, and, should Customer’s account become past due, for all costs, including but not limited to attorney’s fees and costs of collection resulting therefrom. Any undersigned guarantor who is married expressly represents that he/ she has been duly authorized by the nonsigning spouse to act in a representative capacity and execute this Guarantee on behalf of the nonsigning spouse, for the purposes described herein, so as to bind their marital community property. Dealer may proceed against the undersigned without being required to first proceed against the Customer and may proceed against any one of the undersigned without waiv- ing its right to proceed against any of the remaining Guarantors. The undersigned waives notice of extension of time or modification of terms, settlements, or resolutions of disputes, modification of credit line, or default of Customer. This Guaranty is intended to be and is a Continuing and Cumulative Guaranty. This Guaranty may only be revoked by written notice to Dealer at the above address. Such notice shall be sent by certified mail, return receipt requested and shall be effective only with respect to orders for sale or lease transactions which are accepted by Dealer after the expiration of 15 days following Dealer’s receipt of such notice. Any revocation of this Guaranty shall not affect any liability incurred by Customer prior to the expiration of said 15-day period. If the Authorization to Release Information and Election to Participate in CAT Credit Exchange Program (“Authorization”) on the last page of this Agreement is signed by Cus- tomer, the term “Dealer” as used in foregoing Continuing Personal Guaranty shall include and apply to any Caterpillar dealer who extends credit to Customer based upon this Application, or information obtained pursuant thereto. If the Authorization is not signed by Xxxxxxxx, the term “Dealer” shall be deemed to refer to and apply to Hawthorne Machinery Co. and its affiliated and subsidiaries (“Hawthorne”). The undersigned, and each of them, agree(s) to be bound by all terms and conditions contained in this Credit Agreement. SIGNATURES — Physical Signatures Required Signature Name S.S.# Signature Name S.S.# Witness Signature Required Print Name (Continued from previous page) Trade References (Complete in Full):

CONTINUING PERSONAL GUARANTY. In To induce TPC HOLDINGS INC to extend credit to the Applicant and in consideration thereof, and if more than one, each of us jointly and severally, unconditionally personally guarantee the obligations of Applicant to TPC HOLDINGS INC. including but not limited to the prompt payment of all present and future indebtedness, whether secured or unsecured, on an open account or job account, regardless of the credit limit, and regardless of how the indebtedness is represented of incurred. I/We consent to any extension or alteration of any obligation and guarantee such without prior notice, demand or pursuit of remedies against the party primarily liable. This shall be an open, unlimited and continuing guaranty in effect until I have notified the creditor in writing of its cancellation, even in the event that Applicant shall incorporate, but such cancellation shall not alter any obligation arising hereunder prior to receipt of such written notice. I/We further agree to pay all costs, expenses, and attorney fees incurred in the enforcement of this continuing guaranty, by TPC HOLDINGS INC. or in the enforcement of any obligation as a result of the extension of credit to the Customer by Dealer, and as an inducement to Dealer to continue to extend credit to Customer, the undersigned, jointly and severally, unconditionally guarantee(s) the prompt payment of any and all sums of money now due or at any time hereafter due and owing to Dealer by Customer. The under- signed personally guarantee(s) payment for all goods, equipment and/or services purchased and/or leased by Customer, and, should Customer’s account become past due, for all costs, Applicant including but not limited to attorney’s fees the collection of any past due indebtedness whether or not suit is filed. This agreement shall bind my/our heirs and costs of collection resulting therefrompersonal representatives. Any undersigned guarantor who is married expressly represents that he/ she has been duly authorized This continuing guaranty shall be governed by the nonsigning spouse to act in a representative capacity and execute this Guarantee on behalf laws of the nonsigning spouseState of Idaho and venue shall be at the sole discretion of TPC HOLDINGS INC.. Further, for by signing here, I/we agree to permit the purposes described hereinTPC HOLDINGS INC., so as its Corporate Branch Operations & Subsidiary Companies, to bind their marital community property. Dealer may proceed against request a personal credit report to evaluate the undersigned without being required to first proceed against the Customer and may proceed against any one credit worthiness of the undersigned without waiv- ing its right and from time to proceed against any time in the extension or continuation of further business credit, consistent with the remaining GuarantorsFederal Fair Credit Reporting Act - 15 U.S.C. @ 1681 EtSEQ. The undersigned waives notice of extension of time or modification of termsSIGNATURE OF INDIVIDUAL GRANTOR(S): SS# DATE SS# DATE CREDIT APPLICATION INSTRUCTIONS Fill in all information and mail/fax to: Lewiston Tribune Attn: Credit Department PO Box 957 Lewiston, settlements, or resolutions of disputes, modification of credit line, or default of Customer. This Guaranty is intended to be and is a Continuing and Cumulative Guaranty. This Guaranty may only be revoked by written notice to Dealer at the above address. Such notice shall be sent by certified mail, return receipt requested and shall be effective only with respect to orders for sale or lease transactions which are accepted by Dealer after the expiration of 15 days following Dealer’s receipt of such notice. Any revocation of this Guaranty shall not affect any liability incurred by Customer prior to the expiration of said 15ID 83501 Fax # 000 000-day period. If the Authorization to Release Information and Election to Participate in CAT Credit Exchange Program (“Authorization”) on the last page of this Agreement is signed by Cus- tomer, the term “Dealer” as used in foregoing Continuing Personal Guaranty shall include and apply to any Caterpillar dealer who extends credit to Customer based upon this Application, or information obtained pursuant thereto. If the Authorization is not signed by Xxxxxxxx, the term “Dealer” shall be deemed to refer to and apply to Hawthorne Machinery Co. and its affiliated and subsidiaries (“Hawthorne”). The undersigned, and each of them, agree(s) to be bound by all terms and conditions contained in this Credit Agreement. SIGNATURES — Physical Signatures Required Signature Name S.S.# Signature Name S.S.# Witness Signature Required Print Name (Continued from previous page) Trade References (Complete in Full):0000

CONTINUING PERSONAL GUARANTY. In consideration of the extension of credit to the Customer by Dealer, and as an inducement to Dealer to continue to extend credit to Customer, the undersigned, jointly and severally, unconditionally guarantee(s) the prompt payment of any and all sums of money now due or at any time hereafter due and owing to Dealer by Customer. The under- signed personally guarantee(s) payment for all goods, equipment and/or services purchased and/or leased by Customer, and, should Customer’s account become past due, for all costs, including but not limited to attorney’s fees and costs of collection resulting therefrom. Any undersigned guarantor who is married expressly represents that he/ she has been duly authorized by the nonsigning spouse to act in a representative capacity and execute this Guarantee on behalf of the nonsigning spouse, for the purposes described herein, so as to bind their marital community property. Dealer may proceed against the undersigned without being required to first proceed against the Customer and may proceed against any one of the undersigned without waiv- ing its right to proceed against any of the remaining Guarantors. The undersigned waives notice of extension of time or modification of terms, settlements, or resolutions of disputes, modification of credit line, or default of Customer. This Guaranty is intended to be and is a Continuing and Cumulative Guaranty. This Guaranty may only be revoked by written notice to Dealer at the above address. Such notice shall be sent by certified mail, return receipt requested and shall be effective only with respect to orders for sale or lease transactions which are accepted by Dealer after the expiration of 15 days following Dealer’s receipt of such notice. Any revocation of this Guaranty shall not affect any liability incurred by Customer prior to the expiration of said 15-day period. If the Authorization to Release Information and Election to Participate in CAT Cat Credit Exchange Program (“Authorization”) on the last page of this Agreement is signed by Cus- tomer, the term “Dealer” as used in foregoing Continuing Personal Guaranty shall include and apply to any Caterpillar dealer who extends credit to Customer based upon this Application, or information obtained pursuant thereto. If the Authorization is not signed by Xxxxxxxx, the term “Dealer” shall be deemed to refer to and apply to Hawthorne Machinery Co. and its affiliated and subsidiaries (“Hawthorne”). The undersigned, and each of them, agree(s) to be bound by all terms and conditions contained in this Credit Agreement. SIGNATURES — Physical Signatures Required Signature Name S.S.# Signature Name S.S.# Witness Signature Required Print Name REVISED APRIL 2020 (Continued from previous page) Trade References (Complete in Full):

CONTINUING PERSONAL GUARANTY. In consideration I/we the principal/owner/shareholders/partners of the extension of afore-named credit to the Customer applicant hereby personally guaranty, unconditionally, all payments and/or amounts due hereunder as if they were incurred personally by Dealer, and as an inducement to Dealer to continue to extend credit to Customer, the undersigned, jointly and severally, unconditionally guarantee(s) the prompt payment of any and all sums of money now due or at any time hereafter due and owing to Dealer by Customer. The under- signed personally guarantee(s) payment for all goods, equipment and/or services purchased and/or leased by Customer, and, should Customer’s account become past due, for all costs, including but not limited to attorney’s fees and costs of collection resulting therefrom. Any undersigned guarantor who is married expressly represents that he/ she has been duly authorized by the nonsigning spouse to act in a representative capacity and execute this Guarantee on behalf of the nonsigning spouse, for the purposes described herein, so as to bind their marital community property. Dealer may proceed against the undersigned without being required to first proceed against the Customer and may proceed against any one of the undersigned without waiv- ing its right to proceed against any of the remaining Guarantors. The undersigned waives notice of extension of time or modification of terms, settlements, or resolutions of disputes, modification of credit line, or default of Customer. This Guaranty is intended to be and is a Continuing and Cumulative Guaranty. This Guaranty may only be revoked by written notice to Dealer at the above address. Such notice shall be sent by certified mail, return receipt requested me/us and shall be effective only with respect to orders for sale or lease transactions which are accepted by Dealer after the expiration of 15 days following Dealer’s receipt of such notice. Any revocation of this Guaranty shall not affect any liability incurred by Customer prior to the expiration of said 15-day period. If the Authorization to Release Information and Election to Participate in CAT Credit Exchange Program (“Authorization”) on the last page of this Agreement is signed by Cus- tomer, the term “Dealer” as used in foregoing Continuing Personal Guaranty shall include and apply to any Caterpillar dealer who extends credit to Customer based upon this Application, or information obtained pursuant thereto. If the Authorization is not signed by Xxxxxxxx, the term “Dealer” shall be deemed to refer to and apply to Hawthorne Machinery Co. and its affiliated and subsidiaries (“Hawthorne”). The undersigned, and each of them, agree(s) to be bound by all terms and conditions contained enumerated above. Credit Grantor Company is hereby authorized to make all appropriate credit inquiries regarding me/us. I/we agree that I/we may be joined in any action in connection with the above obligations, and recovery may be had against me/us for all sums due the Designated Credit Grantor Company pursuant to the above extension of credit, together with all costs of collection, including reasonable attorney fees, (including appellate fees) whether or not suit may be instituted, without the necessity of Credit Grantor Company first of taking any action whatsoever against the above named credit applicant, or its/his/her/their successors and assigns. If there is more than one Guarantor, we shall be jointly and severally liable, and be individually or jointly brought into any proceeding and/or brought in any order. It is understood that Credit Grantor Company is relying upon such personal guaranty for the extension of credit hereunder. Venue of all legal actions taken under this PERSONAL GUARANTY shallbe in Xxx County, Florida, and this Personal Guaranty shall be construed in accordance with Florida law. This guaranty is subject to revocation by the undersigned. However, it is specifically understoodbythe undersignedpersonalguarantor(s), thatanyrevocationofthis Personal Guaranty is to be made in writing by Certified Mail, Return Receipt Requested to Credit AgreementGrantor Company, at the address of: 0000 Xxxxxx Xx, Xxxx Xxxxx, Florida, 33916, but said revocation shall not affect liability of any indebtedness then existing. SIGNATURES — Physical Signatures Required Signature Name S.S.# Signature Name S.S.# Witness Signature Required Print Name (Continued from previous page) Trade References (Complete in Full):This guaranty shall continue to apply to all sales and advances made to or on behalf of the above named credit applicant, and/or its/his/her/their successors or assigns, and to all such present and future indebtedness, howsoever arising, until the same is revoked or terminated, as herein provided by the undersigned.