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FIRST INTERSTATE BANK (2)
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Last modified
4/17/2025 1:52:53 PM
Creation date
9/5/2024 1:16:12 PM
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Contracts
Company Name
FIRST INTERSTATE BANK
Contract #
A-1992-162
Agency
Community Development
Destruction Year
1997
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Financial Information. Upon Bank's re A, we will promptly deliver to Bank complete and ant financial statements and tax returns and <br />such other financial information about us as BanK-may reasonably request. <br />9. Changes, Waivers, Revocations and Amendments in Writing. No terms or provisions of this Guarantee may be changed, waived, revoked or <br />amended without Bank's prior written consent. Should any provision of this Guarantee be determined by a court of competent jurisdiction to be <br />unenforceable, all of the other provisions shall remain effective. <br />10. Attorneys' Fees. The prevailing party in any dispute resulting in arbitration, litigation or other proceedings between any guarantor hereunder <br />and Bank shall be entitled to its costs and expenses for such proceedings including reasonable attorneys' fees. <br />11. Other Guarantees. This Guarantee is in addition to the guarantees of any other guarantors and any and all of our other guarantees of <br />Borrower's indebtedness or liabilities to Bank. This Guarantee shall be fully enforceable as to all of Borrower's obligations guaranteed hereunder, <br />nothwithstanding any differences between the terms hereof and the terms of any of our other guarantees given to Bank. This Guarantee shall in no <br />way limit or lessen any other liability, howsoever arising, we may have for the payment of any other indebtedness of Borrower to Bank. <br />12. Additional Provisions_ <br />N more than one person has signed this Guarantee, it shall be the joint and several obligation of all such persons and we shall hold harmless, <br />defend, protect and indemnify Bank from any actions, causes of action, liabilities, damages, losses and fees (including attomeys' fees) and all other <br />claims of every nature which may arise as a result of any dispute between or among any of us and any other persons or entities. <br />• Bank may assign this Guarantee with one or more of the Loan Documents, without in any way affecting our liability under it or them. This <br />Guarantee shall inure to the benefit of Bank and its successors and assigns and shall bind us and our respective heirs, executors, administrators, <br />successors and assigns. <br />Ali notices, requeata and demands to ba made hereunder shall be In writing and shall be delivered by personal service (including service by <br />courier), or by registered or certified United States mail, with return receipt requested, to the address set forth below unless we have previously notified <br />Bank in writing of a change of address. <br />If Borrower is a partnership or unincorporated association, our liability shall not be affected by changes in the name of the entity or in its <br />membership. <br />a When there is more than one Borrower named herein, any reference to Borrower shall mean any one and all of them and the singular shall <br />include the plural. Ali obligations of each such Borrower to Bank of whatever nature are hereby guaranteed, including each such Borrower's several as <br />well as joint obligations. <br />'This Guarantee embodies the entire agreement among the parties hereto with respect to the Matters herein set forth. <br />13. Governing Law. THIS GUARANTEE SHALL BE ENFORCED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA, <br />IRRESPECTIVE OF ITS CONFLICTS OF LAWS RULES. <br />I/WE, THE UNDERSIGNEDyGUARANTOR(S) ACKNOWLEDGE THAT WE WERE AFFORDED THE OPPORTUNITY TO READ THIS DOCUMENT <br />CAREFULLY'AND TO REVIEW IT WITH AN ATTORNEY OF OUR CHOICE BEFORE SIGNING IT. WE ACKNOWLEDGE HAVING REAM AND <br />UNDERSTOOD THE MEANING AND EFFECT OF THIS DOCUMENT BEFORE SIGNING IT. <br />NOTICE TO COSIGNOR/GUARANTOR <br />(Traduccjon en Ingles Se Requiere Por La Ley) <br />YOU ARE BEING ASKED TO GUARANTEE THIS DEBT. THINK CAREFULLY BEFORE YOU DO. IF THE <br />BORROWS AND ATR DDOES NOT YOU WANPAY T TO HE D EBT7t Y WALLRESPHA BEL[TO.. BE SURE YOU CAN AFFORD TO PAY IF YOU HAVE <br />YOU MAY HAVE TO PAY UP TO THE FULL AMOUNT OF THE DEBT IF THE BORROWER DOES NOT PAY. YOU <br />MAY ALSO HAVE TO PAY LATE FEES OR COLLECTION COSTS, WHICH INCREASE THIS AMOUNT. <br />THE CREDITOR CAN COLLECT THIS DEBT FROM YOU WITHOUT FIRST TRYING TO COLLECT FROM THE <br />BORROWER. THE CREDITOR CAN USE THE SAME COLLECTION METHODS AGAINST YOU THAT CAN BE USED <br />AGAINST THE BORROWER, SUCH AS SUING YOU GARNISHING YOUR WAGES, ETC. IF THIS DEBT IS EVER IN <br />DEFAULT, THAT FACT MAY BECOME APART OF YbUR CREDIT RECORD. <br />THIS NOTICE IS NOT THE CONTRACT THAT MAKES YOU LIABLE FOR THE DEBT. <br />"ISO PARA EL FIDOR/GARANTIZOR <br />(Spanish Translation Required by Law) <br />SE LE ESTA PIDIENDO QUE GARANTICE ESTA DEUDA. PIENSELO CON CUIDADO ANTES DE PONERSE DE <br />PAGARLA. ESTE SEGURONDE QUE USTED PODRA PAGAR TA <br />SEA OBLIGAUO A PAGARLA Y DE QUE USTED <br />DESEA ACEPTAR LA RESPONSABILIDAD. <br />SI LA PERSONA QUE HA PEDIDO EL PRESTAMO NO PAGA LA DEUDA ES POSIBLE QUE LISTED TENGA QUE <br />PAGAR LA SUMA TOTAL DE LA DEUDA, MAS LOS CARGOS POR TAR6ARSE EN EL PAGO 0 EL COSTO DE <br />COBRANZA, LO CUEEDOR (AL AUMENTA EL TOTAL DE ESTA SUMA. <br />EL DEUDOR. LOS MISMOS CMETODOS DE COBRAN AAQUEE UED�N USIN ARSE CONtRAATAR DE EL DEUDOR RARLE AL <br />PODRAN <br />USARSE SUELDO, ETC. SIAA GUNA VEZUSTED ENO SE CUMPLA CON LA OBLIGAC ONA N DE PAGAR ESTA DEUDA, SE PUERTE GUITAR PAhiE DE DE <br />INCLUIR ESA INFORMACION EN LA HISTORIA DE CREDITO DE LISTED. <br />ESTE "ISO NO ES EL CONTRATO MISMO EN QUE SE LE ECHA A USTED LA RESPONSABILIDAD DE LA <br />DEUDA. <br />Dated this 5TH day of JANUARY 1993 at California. <br />Guarantor s): CI OF SANTA ANA <br />r ' <br />Signature D . Y06NG MAYOR <br />20 CIVIC QENT6g p3AZA, SANTA ANA. CA 92702 <br />Address <br />ATTEST: <br />Signature SANICE C. GUY <br />Clerk of the Coun <br />(}S lc) i=C,Y'tii <br />Signature <br />Address <br />APPROVED AS TO <br />CONTENT: <br />Signature DAVE N. REAN <br />City Manager <br />Address <br />—2— <br />Address <br />
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