0001193125-04-011371 Sample Contracts

COMMERCIAL GUARANTY
Zimmer Alan M • January 29th, 2004 • Retail-jewelry stores • North Carolina

INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower’s indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower’s liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any re

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COMMERCIAL PLEDGE AGREEMENT
Pledge Agreement • January 29th, 2004 • Zimmer Alan M • Retail-jewelry stores • North Carolina

THIS COMMERCIAL PLEDGE AGREEMENT dated December 17, 2003, is made and executed among Jeffrey L. Zimmer (“Grantor”); Sparkle Acquisition, Inc. (“Borrower”); and RBC CENTURA BANK (“Lender”).

NEGATIVE PLEDGE AGREEMENT
Negative Pledge Agreement • January 29th, 2004 • Zimmer Alan M • Retail-jewelry stores

THIS NEGATIVE PLEDGE AND SECURITY AGREEMENT is made as of this 22 day of January, 2004 by and among RBC CENTURA BANK, a banking corporation organized under the laws of the State of North Carolina having its principal office at Rocky Mount NC (“RBC CENTURA”); and Sparkle Acquisition, Inc., having its principal office at 2525 S Seventeenth St, Wilmington, NC 28402 (“Sparkle Acquisition, “); and 111 PRINCESS STREET ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership having its principal office at 111 Princess Street, Wilmington, NC 28402 (“111 PRINCESS STREET”)

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