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Agmt12 Badawi & Associates
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Agmt12 Badawi & Associates
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Last modified
9/10/2012 11:40:55 AM
Creation date
6/19/2012 5:13:11 PM
Metadata
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Template:
Agreement
Contractor Name
Badawi & Associates
PROJECT NAME
Consent to Assignment Agreement
RMP File Number
304
Date
6/19/2012
Reso Ref
15197
MO Ref
12-069
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Obligations or breach of the Purchase Agreement or take or <br /> prosecute any action in connection with any lien, right, or security <br /> existing ar to exist in connection with or as security for the Purchase <br /> Agreement; or <br /> (5) Any indulgence, compromise, seftlement or variation <br /> of terms which may be extended to Buyer by Holder or agreed upon <br /> by Holder and Buyer; or <br /> (6) Any other action permitted under the terms of the <br /> Purchase Agreement. <br /> Guarantor unconditionally and absolutely guarantees the payment of the full amount <br /> of the Obligations, and Guarantor agrees that Holder sha11 in no way be obligated to bring or <br /> prosecute any action against Buyer or any other person or entity for any pa.rt of the Obligations or <br /> make any demand on Buyer prior to seeking enforcement thereof against Guarantor. Specifically, <br /> Holder shall not be required to exhaust its remedies against Buyer or any surety or guarantor other <br /> than Guarantor, nor to proceed against any security now or hereafter existing for the payment or <br /> performance of any of the Obligations. Suit may be brought and maintained against Guarantor by <br /> Holder to enforce any Obligation guaranteed hereby without joinder of Buyer or any other person or <br /> surety. Guarantor hereby submits to jurisdiction of the courts of the State of California for purposes <br /> of suit hereon and hereby appoints the Secretary of State of the State of California as its agent for <br /> service of process in any such suit if Guarantor is then located outside of the Sta.te of California or <br /> cannot be reasonably located. <br /> Holder and Buyer, without notice to or consent by Guarantor may, at any time or <br /> times enter into such modifications, extensions, amendments or other covenants respecting the <br /> Purchase Agreement as they may deem appropriate,and Guarantor shall not be released thereby,but <br /> shall continue to be fully liable far the payment and performance of all Obligations under the <br /> Purchase Agreement as so modified,extended,or amended. <br /> It is understood that other agreements similar to this Guaranty may be executed by <br /> other persons with respect to the Purchase Agreement. This Guaranty shall be cumulative of any <br /> such other agreements, and the liabilities and obligations of Guarantor hereunder shall in no event <br /> be affected, released, or diminished by reason of such other agreements. The liability of Guarantor <br /> shall continue notwithstanding any incapacity, death, disability, dissolution or termination affecting <br /> any other guarantor or obligor or the revocation of the guaranty by any other guarantor under any <br /> other instrument. The failure of Holder to file or enforce a claim against the estate (either in <br /> administration, bat�lcniptcy, or other proceeding) of Buyer or of any other guarantor or obligor shall <br /> not affect the liability of Guarantor. <br /> This Guaranty shall remain in full force and effect until all of the Obligations have <br /> been fully paid and shall be binding upon Guarantor,his heirs,successors,executors,administrators, <br /> and legal representatives, and, along with all rights and benefits existing and to exist hereunder, <br /> PERSONAL GUARANTY <br /> � 3 <br /> � <br /> � <br /> I _ <br />
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