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2018-686-E Economic Dev - Beau Catering Loan Document
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2018-686-E Economic Dev - Beau Catering Loan Document
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Last modified
10/19/2018 1:17:42 PM
Creation date
10/19/2018 1:13:18 PM
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Contract
Date
10/12/2018
Contract Starting Date
10/12/2018
Contract Ending Date
11/1/2021
Contract Document Type
Agreement
Amount
$20,000.00
Document Relationships
R 2018-686 Economic Dev - Beau Catering CROP loan
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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EXHIBIT C –FORM OF PERSONAL GUARANTY <br />Page 1 of 2 <br /> <br /> IN CONSIDERATION of the Loan made by Orange County (referred to below as the <br />“Company”)to J. BEAU BENNETT, LLC a North Carolina limited liability company(hereinafter <br />referred to as “Borrower”), the undersigned (hereinafter referred to as “Guarantor”), each <br />absolutely and unconditionally, guaranteesto the Companythe punctual payment in full of the <br />principal, interest and other sums due under that certain promissory note from Borrowerto <br />Companydated October 12, 2018,(hereinafter referred to as “Note”)which obligations, <br />indebtedness and liability set forth therein are hereinafter referred to as “indebtedness.” <br />TheGuarantorexpressly 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 Borroweruntil the Borrower’sindebtedness is paid in full. <br />The Guarantorhereby 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 Companyto the Borroweror any other party, may <br />be made, granted, and effected by the Companywithout notice to each Guarantorand without <br />in any manner affecting his or her liability hereunder. <br />In the event that a petition in bankruptcy or reorganization of the Borrowerunder the <br />bankruptcy laws or for the appointment of a receiver for the Borroweror any of its property is <br />filed by or against the Borrower, or if the Borrowershall make an assignment for the benefit of <br />creditors or shall become insolvent, all indebtedness of the Borrowerpursuant to theNoteshall, <br />for the purpose of this Guaranty, be deemed at the Company’s election to have become <br />immediately due and payable. <br />Any noticeto Guarantor by the Companyat any time shall not imply that such notice or <br />any further or similar notice was or isrequired. <br />TheGuarantorfurther agrees to pay the Companyany and all costs, expenses and <br />reasonable attorneys’ fees paid or incurred bythe Companyin 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 Guarantorand 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 />DocuSign Envelope ID: 71A540D4-95BC-4724-9E65-6A85543C95A9
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