OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all of those persons together. This means that any one of the persons signing this Note may be required to pay all of the amounts owed under this Note.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. The liability of each Borrower executing this Note shall be that of co-maker and not that of an endorser, guarantor or accommodation party and shall be joint and several. The liability of each Borrower shall be that of co-maker and not that of an endorser, guarantor or accommodation party (collectively “Surety”) and shall be joint and several. To the extent any Borrower is deemed to be a Surety, each such Surety waives any right to require Lender to (a) proceed against Borrower, or any other Surety or any other third party; (b) proceed against or exhaust any Collateral or other support for the Indebtedness granted by Borrower, Surety, or any other Surety or third party; or (c) pursue any other remedy in Lender’s power whatsoever. Surety waives any defense arising by reason of (i) any disability or other defense of Borrower; (ii) the cessation from any cause whatsoever of the liability of Borrower for the Indebtedness for any reason other than payment in full and final satisfaction; or (iii) the non-perfection of any Collateral for the Indebtedness.. Surety shall have no right of subrogation to and waives any right to enforce any remedy which Lender now has or may hereafter have against Borrower, and waives any benefit of, any right to participate in, and any right to direct the application of any Collateral for the Indebtedness, now or hereafter held by Lender, whether any of the foregoing rights arise in equity, at law or by contract. Without limiting the generality of the foregoing, Surety specifically waives all rights and defenses arising out of an election of remedies by Lender, even though that election of remedies, such as non-judicial foreclosure with respect to Collateral, has destroyed Surety’s rights of subrogation and reimbursement against Borrower by the operation of Section 580d of California Code of Civil Procedure or otherwise if applicable. Surety further waives all presentments, demands for performance, notices of nonperformance, or other defaults, protests, notices of protest, notices of dishonor, and notices of acceptance of this Note and of the existence, creation, or incurring of new or additional Indebtedness and all other rights, benefits, protections and other defenses available to Surety now or at any time hereafter, including, without limitation, under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 726, and all successor sections. The separate property of any ma...
OBLIGATIONS OF PERSONS UNDER THIS NOTE. Any person or entity who is a guarantor, co-maker, surety or endorser of the Note is fully and personally obligated to keep all of the promises made in the Note and this Mortgage, including the promise to pay the full amount owed. Any person or entity who takes over these obligations, including the obligations of a guarantor, co-maker, surety or endorser of the Note, is also obligated to keep all of the promises made in this Mortgage and in the Note. All subsequent owners of the Property must keep all of my promises made in this Mortgage. Lender may enforce its rights under the Convertible Note Acquisition Agreement, the Note and this Mortgage against each person or entity individually or against all of them together.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. Any person or entity who is a guarantor, co-maker, surety or endorser of this Note is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person or entity who assumes these obligations, including the obligations of a guarantor, co-maker, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, and Lender may enforce its rights under this Note against each such person or entity, individually or against all of them together.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. The holder of this Note may enforce its rights under this Note against each person individually or against all together.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. Any person who takes over these obligations is also obligated to keep all of the promises made in this Note. NOTICE TO BORROWER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. BY ITS SIGNATURE, BORROWER ACKNOWLEDGES RECEIPT OF A FULLY EXECUTED COPY OF THIS NOTE. BORROWER: Xxxx Xxxxxx Kitchen & Outreach, Inc. President LENDER: City of Lincoln, Nebraska Xxxxx Xxxxxxx, Mayor of Lincoln Xxxxx Xxxxxx, Director of Urban Development Department Exhibit "B" DEED OF TRUST This Deed of Trust made this day of April , 2010, by: TRUSTOR: XXXX XXXXXX KITCHEN & OUTREACH, INC. ADDRESS: 0000 Xxxxx 00xx Xxxxxx, P. O. Xxx 00000, Xxxxxxx, XX 00000 BENEFICIARY: CITY OF LINCOLN, NEBRASKA ADDRESS: 000 Xxxxx 00xx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 TRUSTEE: XXXXXX X. PEO, III ADDRESS: 000 Xxxxx 00xx Xxxxxx, Xxxx 0000, Xxxxxxx, Xxxxxxxx 00000 For valuable consideration, Trustor irrevocably grants, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the following described real property located in Lancaster County, Nebraska: Xxx 0, X.X. Xxxxxxxxxx Addition, Lincoln, Lancaster County, Nebraska, together with the Carnegie Library building and all other buildings and improvements now or hereafter erected upon the property and all easements, licenses, rights of way now or hereafter accruing to the property (hereinafter collectively referred to as the “Property”). THIS DEED OF TRUST SECURES TO BENEFICIARY:
OBLIGATIONS OF PERSONS UNDER THIS NOTE. Each Borrower, and each person executing this Note on such Xxxxxxxx's behalf, represents and warrants to Lender that by its execution below, such Borrower is duly organized, is in good standing, and has the full power, authority and legal right to execute and deliver this Note, and is obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed and any additional amounts incurred under the terms of this Note. Each Borrower also represents and warrants that any person who is a guarantor, surety or endorser of this Note is also obligated to keep all promises made in this Note, including the promise to pay the full amount owed and any additional amounts incurred under the terms of this Note. Lender may enforce its rights under this Note against each Borrower and each person executing or guaranteeing this Note on such Borrower's behalf, individually or against all such persons together. Any one Borrower or any person guaranteeing this Note on any such Xxxxxxxx's behalf may be required to pay all amounts due or incurred under this Note.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this NOTE, each person is fully and personally obligated to keep all of the promises made in this NOTE, including the promise to pay the full amount owed. Note Holder may enforce its rights under this NOTE against each person individually or against all of them together. This means that any person who signs this NOTE may be required to pay all of the amounts due under this NOTE.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property.
OBLIGATIONS OF PERSONS UNDER THIS NOTE. In this Note, the singular shall include the plural and this Note shall be the joint and several obligation of each Maker.
