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2018-556-E Economic Dev - Cheese Bread King LLC CROP loan agreement
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2018-556-E Economic Dev - Cheese Bread King LLC CROP loan agreement
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Last modified
10/4/2018 9:08:45 AM
Creation date
10/4/2018 9:03:59 AM
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Contract
Date
10/2/2018
Contract Starting Date
10/2/2018
Contract Ending Date
10/1/2021
Contract Document Type
Agreement
Amount
$12,000.00
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R 2018-556 Economic Dev - Cheese Bread King LLC CROP loan agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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DocuSign Envelope ID:5FCOF65D-9139-4E6A-B13C-2B74E389CABD <br /> EXHIBIT C - FORM OF PERSONAL GUARANTY <br /> IN CONSIDERATION of the Loan made by Orange County (referred to below as the <br /> "Company") to CHEESE BREAD KING, LLC a North Carolina limited liability company <br /> (hereinafter referred to as "Borrower'), the undersigned (hereinafter referred to as "Guarantor"), <br /> each absolutely and unconditionally, guarantees to the Company the punctual payment in full of <br /> the principal, interest and other sums due under that certain promissory note from Borrower to <br /> Company dated October 2, 2018, (hereinafter referred to as "Note") which obligations, <br /> indebtedness and liability set forth therein are hereinafter referred to as "indebtedness." <br /> The Guarantor expressly waives the following: notice of the incurring of indebtedness <br /> by the Borrower; the acceptance of this Guaranty by the Company; presentment and demand <br /> for payment, protest, notice of protest and notice of dishonor or nonpayment of any instrument <br /> evidencing indebtedness of the Borrower; any right to require suit against the Borrower or any <br /> other party before enforcing this Guaranty; and any right of subrogation to the Company's rights <br /> against the Borrower until the Borrower's indebtedness is paid in full. <br /> The Guarantor hereby consents and agrees that renewals and extensions of time of <br /> payment, surrender, release, exchange, substitution, dealing with or taking of additional <br /> collateral security, taking or release of other guarantees, abstaining from taking advantage of or <br /> realizing upon any collateral security by the Company to the Borrower or any other party, may <br /> be made, granted, and effected by the Company without notice to each Guarantor and without <br /> in any manner affecting his or her liability hereunder. <br /> In the event that a petition in bankruptcy or reorganization of the Borrower under the <br /> bankruptcy laws or for the appointment of a receiver for the Borrower or any of its property is <br /> filed by or against the Borrower, or if the Borrower shall make an assignment for the benefit of <br /> creditors or shall become insolvent, all indebtedness of the Borrower pursuant to the Note shall, <br /> for the purpose of this Guaranty, be deemed at the Company's election to have become <br /> immediately due and payable. <br /> Any notice to Guarantor by the Company at any time shall not imply that such notice or <br /> any further or similar notice was or is required. <br /> The Guarantor further agrees to pay the Company any and all costs, expenses and <br /> reasonable attorneys' fees paid or incurred by the Company in collecting or endeavoring to <br /> collect the indebtedness of the Borrower or enforcing or endeavoring to enforce this Guaranty. <br /> This Guaranty shall be binding upon each Guarantor and his or her heirs, executors, <br /> administrators and assigns, jointly and severally, and shall inure to the benefit of the Company <br /> and its successors and assigns. <br /> This Guaranty may be executed in two or more counterparts, each of which shall be <br /> deemed an original, but all of which together shall constitute one and the same instrument_ For <br /> purposes hereof, a facsimile copy of this Guaranty, including the signature pages hereto, shall <br /> be deemed to be an original. Notwithstanding the foregoing, the parties shall deliver original <br /> execution copies of this Guaranty to one another as soon as practicable following execution <br /> thereof. <br /> Page 'I of 2 <br />
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