Third Amended Guaranty Sample Contracts

HSBC BANK USA AND
Third Amended Guaranty • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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