1
Exhibit 10.17
CONTINUING GENERAL XXXXXXXX
In consideration of SOUTHTRUST MORTGAGE COMPANY (hereinafter called
"Bank"), extending credit or procuring credit to be extended to XXXXXXX X.
XXXXXXX (hereinafter called the "Debtor"), the undersigned, does hereby jointly
and severally unconditionally guarantee unto Bank, its successors and assigns,
the prompt payment at maturity or at the time to which said maturity may be
extended, of any and all indebtedness, and any extensions or renewals thereof,
evidenced by notes, bills of exchange, checks or other instruments executed,
accepted, drawn or endorsed by the Debtor, which Bank now owns and holds, or
which Bank may hereafter own, hold, purchase or discount for or on account of
the Debtor. The undersigned hereby expressly authorize Bank without notice to
them or any of them to agree to an extension of the maturity of the indebtedness
evidenced by an instrument guaranteed hereby, and hereby waive presentment for
payment, protest, notice of nonpayment or dishonor and notice of protest of any
of the said evidences of indebtedness or renewals or extensions thereof and of
the amount, beginning or ending of any credit which Bank may extend to the
Debtor.
This guaranty shall continue in full force and effect until written
notice of its discontinuance shall have been served upon Bank, and after such
notice it shall continue in full force and effect as to any and all such
indebtedness as may then be owned by Bank, its successors and assigns. If there
be more than one guarantor under this agreement, then the revocation of this
guaranty by one or more of the undersigned, either with or without notice to the
remaining guarantors, shall not affect or in any way impair or release the
guaranty or the liability hereunder of said remaining guarantors as to any
indebtedness of the Debtor thereafter owned, purchased, or otherwise acquired by
Bank.
In the event the said indebtedness is not paid at maturity or at any
extended maturity thereof, Bank may resort to this guaranty without first having
recourse against the above name Debtor or to any security given to secure the
said indebtedness; and the undersigned agree, jointly and severally, to pay in
addition to the indebtedness hereby guaranteed, reasonable costs of collection
hereunder including attorney's fees.
This guaranty is binding upon the undersigned its heirs, executors,
administrators and personal representatives of the undersigned, jointly and
severally, and in the event of the death of one or more of the undersigned with
this guaranty previously unrevoked by the one dying, it shall remain in full
force and effect as against his heirs, executor or administrator, as to all such
indebtedness owned by or acquired by Bank prior to the time when written notice
of such death shall have been served upon Bank.
2
Dated at Lincolnton, North Carolina, this 31 day of March, 1997.
THE X. X. XXXXXXX COMPANY, INC.
By: /s/ XXXXXXX X. XXXXXXXX XX.
Vice President
ATTEST:
/s/ XXXXXX XXXXXX XXXXXX
Secretary
(Corporate Seal)
