COMMERCIAL GUARANTYCommercial Guaranty • August 14th, 2012 • Firstcity Financial Corp • Short-term business credit institutions • Texas
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and
LOAN AGREEMENT By and Between FC INVESTMENT HOLDINGS CORPORATION, A Texas corporation, And FIRSTCITY FINANCIAL CORPORATION, A Delaware corporation, And THE FIRST NATIONAL BANK OF CENTRAL TEXAS, A national banking association Dated May 16, 2012Loan Agreement • August 14th, 2012 • Firstcity Financial Corp • Short-term business credit institutions • Texas
This Loan Agreement (the “Agreement”), dated May 16, 2012 (the “Effective Date”), by and between FC Investment Holdings Corporation, a Texas corporation (the “Borrower”) with a mailing address of P.O. Box 8216, Waco, Texas 76714, FirstCity Financial Corporation, a Delaware corporation (the “Guarantor”), with a mailing address of P.O. Box 8216, Waco, Texas 76714, and The First National Bank of Central Texas, a national banking association (the “Bank”) with a mailing address of 1835 N. Valley Mills Drive, Waco, Texas 76710.
