GUARANTY (Louis Friedman)
(Xxxxx
Xxxxxxxx)
CREDIT CASH NJ, LLC
(“Lender”) has entered
into a Credit Card Advance Agreement (“Loan Agreement”) dated on or
about November 4, 2010 with ONE UP INNOVATIONS, INC. and FOAM LABS, INC.
(collectively, the “Merchant”) and in
consideration of One ($1.00) Dollar and other good and valuable consideration,
the receipt and sufficiency of which are hereby duly acknowledged, the
undersigned jointly and severally unconditionally guaranty to Lender, its
successors and assigns, Merchant’s full and prompt payment, performance and
discharge of each and every obligation of Merchant under said Loan Agreement and
under all instruments given or executed by Merchant in connection therewith, and
the full and prompt payment of all other obligations of Merchant to Lender,
wherever and however arising, direct or indirect, absolute or contingent, all
whether presently existing or hereafter arising, including, without limitation,
all costs of collection, including attorney’s fees. The liability of
the undersigned under this Guaranty shall be direct, immediate, absolute,
continuing, unconditional and unlimited and not conditional or contingent upon
the pursuit by the Lender of whatever remedies it may have against the Merchant
or the Merchant’s successors, executors, administrators or assigns, or the
collateral or liens it may possess, and this Guaranty shall be a continuing
guaranty of the payment of any and all obligations to Lender either made,
endorsed or contracted by the Merchant, or any successor of the Merchant and of
all extensions or renewals thereof in whole or in part.
Notice of
acceptance hereof, of default by Merchant or any other parties, of presentment,
protest and demand, and of all other matters to which the undersigned might
otherwise be entitled, is hereby waived by the undersigned. Lender may grant
extensions, modifications and renewals to, and make compromises, amendments,
settlements, compositions, releases, discharges and adjustments with, Merchant
and other parties, and with respect to any collateral securing Merchant’s
obligations to Lender or collateral securing this Guaranty without notice to any
of the undersigned and without affecting the undersigned’s liability hereunder.
The undersigned’s obligations hereunder shall be binding upon their respective
administrators, executors, personal representatives, successors and
assigns.
The
undersigned guarantor agrees that, whenever an attorney is used to obtain
payment under or otherwise enforce this guaranty or to enforce, declare or
adjudicate any rights or obligations under this guaranty or with respect to
collateral, whether by legal proceeding or by any other means whatsoever, Credit
Cash's reasonable attorney's fee plus costs and expenses shall be payable by
each Guarantor against whom this guaranty or any obligation or right hereunder
is sought to be enforced, declared or adjudicated. Guarantor, if more than one,
shall be jointly and severally bound and liable hereunder and if any of the
undersigned is a partnership, also the members thereof
individually.
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This Guaranty shall be governed by and
construed and interpreted in accordance with the laws of the State of New Jersey
and all actions and proceedings arising out of or in connection herewith shall
be litigated in the federal or state courts of such State. The
undersigned hereby submit to the personal jurisdiction of such
courts.
EACH OF
THE UNDERSIGNED WAIVES THE RIGHT TO TRIAL BY JURY IN ALL ACTIONS BROUGHT BY OR
AGAINST LENDER.
IN WITNESS WHEREOF, the
undersigned Guarantor has hereunto set his hand this 3rd day of November
2010.
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/s/ Xxxxx Xxxxxxxx
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Xxxxx
Xxxxxxxx
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Xxxxxxx,
XX 00000
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Social
Security No.: On File
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STATE
OF GEORGIA
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)ss.: |
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COUNTY
OF
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)
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On this
3rd day of November 2010 before me personally appeared Xxxxx Xxxxxxxx, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
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/s/ Xxxxxx Xxxxxxx
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NOTARY
PUBLIC
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