GUARANTY AND SURETY. Guarantor hereby absolutely and unconditionally, guarantees, and becomes surety for, the full, timely and complete payment when due, whether by lapse of time, by acceleration of payment, or otherwise, of all indebtedness, liabilities and obligations of every kind and nature of Borrower to Lender, whether now existing or hereinafter arising, including, without limitation, all indebtedness, liabilities and obligations arising under or related to (a) the Note and the other Loan Documents and all amounts due thereunder, pursuant to or in connection therewith, (b) all costs reasonably incurred by Lender to obtain, preserve, perfect and enforce the security interests granted by the Loan Documents and to maintain, preserve and collect any collateral, and all taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage charges, advertising costs, brokerage fees and expenses of sale related thereto, and (c) all renewals, extensions, modifications and substitutions of all or any part of the indebtedness and obligations described in the foregoing clauses (a) through (b) (collectively, the “Guaranteed Obligations”). Guarantor’s obligations under this Guaranty are unconditional, absolute and enforceable, irrespective of (a) the validity or enforceability of the Guaranteed Obligations in whole or in part or of the Note and the other Loan Documents or any provision thereof, (b) whether recovery against Borrower with respect to the Guaranteed Obligations in whole or in part is prevented by bankruptcy, the operation of law, or otherwise, and (c) any other circumstance that might otherwise cause a legal or equitable discharge or defense of Guarantor.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
GUARANTY AND SURETY. Each Guarantor hereby absolutely and unconditionally, unconditionally guarantees, and becomes surety for, the full, timely and complete payment when due, whether by lapse of time, by acceleration of payment, or otherwise, of (a) all indebtedness, liabilities and obligations of every kind and nature of Borrower Borrowers to Lender, whether now existing or hereinafter arising, including, without limitation, all indebtedness, liabilities and obligations arising under or related to (a) the Note and the other Loan Documents and all amounts due thereunder, pursuant to or in connection therewithDocuments, (b) all costs reasonably incurred by Lender to obtain, preserve, perfect and enforce the security interests granted by the Loan Documents this Agreement and to maintain, preserve and collect any collateral, and all taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage charges, advertising costs, brokerage fees and expenses of sale related thereto, and (c) all renewals, extensions, modifications and substitutions of all or any part of the indebtedness and obligations described in the foregoing clauses (a) through and (b) (collectively, the “Guaranteed Obligations”). Each Guarantor’s obligations obligation under this Guaranty are is unconditional, absolute and enforceable, irrespective of (a) the validity or enforceability of the Guaranteed Obligations in whole or in part or of the Note and the other Loan Documents or any provision thereof, (b) whether recovery against Borrower Borrowers with respect to the Guaranteed Obligations in whole or in part is prevented by bankruptcy, the operation of law, or otherwise, and (c) any other circumstance that might otherwise cause a legal or equitable discharge or defense of GuarantorGuarantors.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
GUARANTY AND SURETY. Guarantor hereby absolutely and unconditionally, unconditionally guarantees, and becomes surety for, the full, timely and complete payment when due, whether by lapse of time, by acceleration of payment, or otherwise, of all indebtedness, liabilities and obligations of every kind and nature of Borrower to Lender, whether now Lender existing or hereinafter arising, including, without limitation, all indebtedness, liabilities and obligations arising under or related to (a) the Note and the other Loan Documents and all amounts due thereunder, pursuant to or in connection therewithDocuments, (b) all other indebtedness and obligations owed by Borrower to Lender, (c) all costs reasonably incurred by Lender to obtain, preserve, perfect and enforce the security interests granted by the Loan Documents this Agreement and to maintain, preserve and collect any collateral, and all taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage charges, advertising costs, brokerage fees and expenses of sale related thereto, and (cd) all renewals, extensions, modifications and substitutions of all or any part of the indebtedness and obligations described in the foregoing clauses (a) through (bc) (collectively, the “Guaranteed Obligations”). Guarantor’s obligations obligation under this Guaranty are is unconditional, absolute and enforceable, irrespective of (a) the validity or enforceability of the Guaranteed Obligations in whole or in part or of the Note and the other Loan Documents or any provision thereof, (b) whether recovery against Borrower with respect to the Guaranteed Obligations in whole or in part is prevented by bankruptcy, the operation of law, or otherwise, and (c) any other circumstance that might otherwise cause a legal or equitable discharge or defense of Guarantor.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
GUARANTY AND SURETY. Guarantor hereby absolutely and unconditionally, unconditionally guarantees, and becomes surety for, the full, timely and complete payment when due, whether by lapse of time, by acceleration of payment, or otherwise, of all indebtedness, liabilities and obligations of every kind and nature of Borrower to Lender, whether now existing or hereinafter arising, including, without limitation, all indebtedness, liabilities and obligations arising under or related to (a) the Note Note, and the other Loan Documents and all amounts due thereunder, pursuant to or in connection therewith, (b) all costs reasonably incurred by Lender to obtain, preserve, perfect and enforce the security interests granted by the Loan Documents and to maintain, preserve and collect any collateral, and all taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage charges, advertising costs, brokerage fees and expenses of sale related thereto, and (c) all renewals, extensions, modifications and substitutions of all or any part of the indebtedness and obligations described in the foregoing clauses (a) through (b) (collectively, the “Guaranteed Obligations”). Guarantor’s obligations obligation under this Guaranty are is unconditional, absolute and enforceable, irrespective of (a) the validity or enforceability of the Guaranteed Obligations in whole or in part or of the Note and the other Loan Documents or any provision thereof, (b) whether recovery against Borrower with respect to the Guaranteed Obligations in whole or in part is prevented by bankruptcy, the operation of law, or otherwise, and (c) any other circumstance that might otherwise cause a legal or equitable discharge or defense of Guarantor.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)