CONTINUING GUARANTY DEER VALLEY HOMEBUILDERS, INC.Continuing Guaranty • April 16th, 2007 • Deer Valley Corp • Mobile homes
For the purpose of inducing FIFTH THIRD BANK, a Michigan banking corporation, hereinafter referred to as the "Lender," to loan to DEER VALLEY CORPORATION, a Florida corporation, hereinafter referred to as the "Borrower," the maximum sum of $2,500,000.00, the undersigned, hereinafter referred to as "Guarantor," whether one or more, jointly and severally if more than one, does hereby unconditionally guaranty to Lender that: (a) Borrower will duly and punctually pay or perform all indebtedness, obligations and liabilities, direct or indirect, matured or unmatured, primary or secondary, certain or contingent of Borrower to Lender now or hereafter owing or incurred (including without limitation costs and expenses incurred by Lender in attempting to collect or enforce any of the foregoing) which are chargeable to Borrower either by law or under the terms of Lender's arrangements with Borrower relative to the above mentioned loan, hereinafter collectively referred to as the "Obligations" and
REVOLVING CREDIT NOTE (the "Note")Revolving Credit Note • April 16th, 2007 • Deer Valley Corp • Mobile homes • Florida
FOR VALUE RECEIVED, the undersigned borrower, DEER VALLEY CORPORATION, a Florida corporation (the "Borrower") promises to pay to the order of FIFTH THIRD BANK, a Michigan banking corporation (the "Lender"), at 201 E. Kennedy Blvd., Suite 1800, Tampa, Florida 33602, or at such other place as Lender may from time to time designate in writing, with payment due as provided herein and in the Revolving Credit Loan and Security Agreement of even date herewith (the "Credit Agreement"), the principal sum not to exceed $2,500,000.00, or so much thereof as has been disbursed for advances hereunder.
RENEWAL REVOLVING CREDIT NOTE (the "Note")Renewal Revolving Credit Note • April 16th, 2007 • Deer Valley Corp • Mobile homes
FOR VALUE RECEIVED, the undersigned borrower, DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation (the "Borrower") promises to pay to the order of FIFTH THIRD BANK, a Michigan banking corporation (the "Lender"), at 201 E. Kennedy Blvd., Suite 1800, Tampa, Florida 33602, or at such other place as Lender may from time to time designate in writing, with payment due as provided herein and in the Revolving Credit Loan and Security Agreement of even date herewith (the "Credit Agreement"), the principal sum not to exceed $2,500,000.00, or so much thereof as has been disbursed for advances hereunder. This Note renews its entirety that certain Revolving Credit Note dated April 12, 2006.
LOAN AND SECURITY AGREEMENTRevolving Credit Loan and Security Agreement • April 16th, 2007 • Deer Valley Corp • Mobile homes • Florida
THIS REVOLVING CREDIT LOAN AND SECURITY AGREEMENT (the "Loan Agreement") is made as of this ______ day of April, 2007, among FIFTH THIRD BANK, a Michigan banking corporation, having a mailing address of 201 East Kennedy Blvd., Suite 1800, Tampa, Florida 33602 (the "Bank"), DEER VALLEY CORPORATION, a Florida corporation (the "Borrower"), having its principal place of business at 4902 Eisenhower Boulevard, Suite 185, Tampa, Florida 33634, DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation authorized to do business in the State of Florida, and ___________________, having a mailing address of 205 Carriage Street, Guin, Alabama 35563 (collectively the "Guarantor").
AMENDMENT TO LOAN AGREEMENTLoan Agreement • April 16th, 2007 • Deer Valley Corp • Mobile homes
This Amendment (the "Amendment") is entered into this ____ day of April, 2007, by and between DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation (the "Borrower") and FIFTH THIRD BANK, a Michigan banking corporation (the "Bank"), and amends and modifies that certain Revolving Credit Loan and Security Agreement dated April 12, 2006 (the "Loan Agreement") as follows:
