0000892251-02-000212 Sample Contracts

GUARANTY AGREEMENT (Address)
Guaranty Agreement • October 16th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Arizona

THIS GUARANTY (“Guaranty”) is made as of September ____, 2002, by MERITAGE HOSPITALITY GROUP INC., a Michigan corporation (“Guarantor”), whose mailing address is 1971 East Beltline NE, Suite 200, Grand Rapids, Michigan 49525, in favor of GE CAPITAL FRANCHISE FINANCE CORPORATION, a Delaware corporation, its successors and assigns ( “Lender”), whose address is 17207 North Perimeter Drive, Scottsdale, Arizona 85255, with reference to the recitals set forth below.

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MORTGAGE (Address)
Mortgage • October 16th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Arizona

THIS (herein “Instrument”), made as of , by the Mortgagor, WM LIMITED PARTNERSHIP - 1998, a Michigan limited partnership doing business as Wendy’s of Michigan, whose address is 1971 East Beltline NE, Suite 200, Grand Rapids, Michigan 49525 (herein “Borrower”), in favor of the Mortgagee, GE CAPITAL FRANCHISE FINANCE CORPORATION, a Delaware corporation, whose address is 17207 North Perimeter Drive, Scottsdale, Arizona 85255 (herein “Mortgagee”),

BALLOON PROMISSORY NOTE (Address)
Balloon Promissory Note • October 16th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places

FOR VALUE RECEIVED, WM LIMITED PARTNERSHIP - 1998, a Michigan limited partnership doing business as Wendy’s of Michigan (“Borrower”), promises to pay to the order of GE CAPITAL FRANCHISE FINANCE CORPORATION, a Delaware corporation (“Payee”; Payee and any subsequent holder of this Promissory Note (this “Note”) being referred to herein as “Holder”), at Payee’s office at 17207 North Perimeter Drive, Scottsdale, Arizona 85255, or at such other address as Holder may from time to time designate in writing, the principal sum of Dollars ($ ) together with interest from the date the proceeds of the loan (the “Loan”) evidenced by this Note are initially disbursed (including, without limitation, disbursement into an escrow for the benefit of Borrower) until Maturity (as defined below) on the principal balance from time to time remaining unpaid hereon at a floating or variable rate as set forth below.

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