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C150191 Contract
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C150191 Contract
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Last modified
6/10/2013 2:56:50 PM
Creation date
3/26/2007 10:48:45 PM
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Loan Projects
Contract/PO #
C150191
Contractor Name
Buffalo Farms Water Development, LLC
Contract Type
Loan
Water District
64
County
Logan
Loan Projects - Doc Type
Contract Documents
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<br />2. This Amendment No. 1 to the ORIGINAL LIMITED PERSONAL GUARANTEE replaces <br />and supercedes the ORIGINAL LIMITED PERSONAL GUARANTEE in all respects. <br /> <br />3. GUARANTEE. Upon default of the Borrower, as defined in the Note, each <br />Guarantor unconditionally, personally, jointly, and severally guarantees <br />payment to Lender of all amounts owing under the Note, as limited below. <br />Each Guarantor must pay all amounts owing under this Guarantee when <br />Lender makes written demand upon the Guarantor. Lender is not required to <br />seek payment from any other source before demanding payment from <br />Guarantor. <br /> <br />4. PAYMENT LIMITATION. The guarantee is limited to Guarantor's payment of <br />$277,245, plus interest and fees accrued pursuant to the Note. <br /> <br />5. LENDER'S GENERAL POWERS. Lender may take any of the following actions at <br />any time, without notice, without Guarantor's consent, and without making <br />demand upon Guarantor: (1) modify the terms of the Note or any other loan <br />document except to increase the amounts due under the Note; (2) refrain from <br />taking any action on the Note, the Collateral or any guarantee; (3) release any <br />borrower or any guarantor of the Note; (4) compromise or settle with the <br />Borrower or any guarantor of the Note; and (5) exercise any rights it has, <br />including those in the Note and other loan documents. <br /> <br />6. GUARANTOR'S WAIVERS. Guarantor waives all rights to require presentment, <br />protest or demand upon Borrower. Guarantor waives defenses based upon <br />any claim that (1) Lender failed to obtain any guarantee; (2) the financial <br />condition of the Borrower or any guarantor was overstated or has adversely <br />changed; and (3) Lender modified the Note, other than to increase amounts <br />due under the Note, in which case, without Guarantor's consent, Guarantor will <br />not be liable for the increased amounts and related interest and expenses, but <br />remains liable for other amounts. <br /> <br />7. SUCCESSORS AND ASSIGNS. Under this Guarantee, Guarantor includes <br />successors, and Lender includes successors and assigns. <br /> <br />8. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all <br />other parts will remain in effect. <br /> <br />9. CONSIDERATION. The consideration for this Guarantee is the loan as evidenced <br />by the Note, or any accommodation by Lender as to the loan. <br /> <br />Appendix G <br />Loan Contract C150191 Amendment No.1 <br />Page 2 of 4 <br />
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