GUARANTY AND SURETY SHIP AGREEMENT
IN CONSIDERATION OF COLONIAL
EXTENDING CREDIT TO APPLICANT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, , __________________________________________________ (“GUARANTOR”) HEREBY UNCONDITIONALLY GUARANTEES AND BECOMES SURETY FOR THE FULL AND TIMELY PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS PURSUANT TO ATTACHED CREDIT APPLICATION AND HEREBY AGREES AS FOLLOWS: 1. GUARANTOR AGREES TO GUARANTEE AND INDEMNIFY COLONIAL FOR ANY AND ALL DEBTS OF APPLICANT AND APPLICANT'S SUCCESSORS AND ASSIGNS. IT IS UNDERSTOOD THAT SUCH GUARANTY AND INDEMNIFICATION SHALL BE A CONTINUING AND IRREVOCABLE GUARANTY AND INDEMNITY FOR SUCH INDEBTEDNESS OF APPLICANT. 2. THIS AGREEMENT SHALL BE EFFECTIVE UNTIL EXPRESSLY REVOKED BY GUARANTOR BY THIRTY DAYS’ WRITTEN NOTICE TO COLONIAL. ANY SUCH REVOCATION SHALL NOT AFFECT GUARANTOR'S LIABILITY TO COLONIAL AS TO GUARANTOR'S INDEBTEDNESS CONTRACTED PRIOR THERETO. GUARANTOR HEREBY WAIVES NOTICE OF DEFAULT, NONPAYMENT AND NOTICE THEREOF AND CONSENTS TO ANY MODIFICATION, WAIVER, RELEASE OR RENEWAL OF OR UNDER THE CREDIT AGREEMENT HEREBY GRANTED. GUARANTOR REPRESENTS AND AGREES THAT GUARANTOR HAS READ THE TERMS AND CONDITIONS OF THE CREDIT APPLICATION AND AGREES TO BE BOUND BY SAID TERMS AND CONDITIONS AS OF EVEN DATE THEREOF. 3. THE UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AT ANY TIME AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER HEREOF, AS OF ANY TERM, FOR THE UNPAID BALANCE OF THE OBLIGATIONS TOGETHER WITH UNPAID INTEREST THEREON, COSTS OF SUIT AND ATTORNEY'S COMMISSION FOR COLLECTION OF TWENTY-FIVE PERCENT (25%) OF THE TOTAL INDEBTEDNESS ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, ATTORNEY'S COMMISSION AND COSTS. INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE ABOVE-STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON. THE UNDERSIGNED HEREBY WAIVES ITS RIGHTS TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED.