Loading...
HomeMy WebLinkAbout95-07039 >- "" '- a; r.. j:, r': '" , , I,U!~ ,"\ ;-~l f J ..~. ) F'( '. . .,:,. ; j.t" .1 :_J U' , , ,... C , l"l " .., [Zi.: 1-' Ij'J <-; ,i.i.. F c;J "..'i LL r- ':j (.J 0' rJ . . ~ 7W 7\'-70 'jij C~-r...u- '"" GUARANTY WHEREAS, /I, LesHe Bishop and Hergaret H. Bishop, (hereinafter called "Borrower") desires to transact business with and to obtain credit from the Pennsylvania State Bsnk (hereinafter called "Lender") , and WHEREAS, Lender is unwilling to extend or continue credit on any renewal thereof to Borrower without this Guaranty. NOW, THEREFORE, in order to induce Lender to extend or continue credit to Borrower,and in consideration of the premises and the sum of $1.00 and of other good and valuable consideration, the undersigned, as surety, subject to the limitation hereinafter set forth in paragraph 1, hereby absolutely and unconditionally guarantees to Lender prompt payment when due and at all times thereafter of any and all existing and future indebtedness and liability of every kind, nature and character (including all renewals, extensions and modifications thereof) from Borrower to Lender, however and whensoever created or arising or evidenced or acquired, 1. The amount of undersigned's liability hereunder shall be $109,205.24 plus accrued interest. The undersigned agrees that the amount of Borrowsr's liabilitiee to Lsnder may from tims to time exceed the said limit of the undersigned's liability hereunder without in any way affecting the liability of the undersigned hersunder. If no specific sum is set forth hereof, the amount of the undersigned's liability hereunder shall be limited, 2. This Guaranty is made and shall continue as to any and all such indebtedness and liability of Borrower to Lender incurred or arising prior to receipt by Lender of written notice of the termination hereof from the undersigned, without regard to collateral, or security, or guarantees, or other obligors, if any, or to the validity or effectiveness of any and all thereof, and any and all such collateral and security and guaranties and other obligors, if any may from time to time without notice to, or consent of the undersigned, be sold, released, surrendered, exchanged, settled, compromised, waived, subordinated or modified. with or without consideration, or such terms or conditions, as may be acceptable to Lender, without in any manner affecting or impairing the liability of the undersigned. It is agreed that the termination of this Guaranty, in the manner aforesaid, shall not relieve the undersigned from liability upon any indebtedness or liability covered thereby then existing. 3. It is agreed that the undersigned's liability hereunder is several and is independent of any other guarantees at any time in effect with respect to all or any part of the indebtedness of Borrower to Lender, and that the undersigned's liability hereunder may be enforced regard lese of the existence of any such other guaranties.. 4. The undersigned hereby waives all notices of any character whatsoever with respect to this Guaranty and Borrower's liabilities to Lender, including, but not limited tOI notice of acceptance hereof, notice of creation, existence or acquisition of any liability hereby guaranteed, notice of adverse change in Borrower's financial condition or of any other fact affecting undersigned's risk hereunder, and notice of default, The undsrsigned further waives presentmsnt, demand, protest, and notice thersof as to any instrument representing indebtedness covered by this Guaranty, as well as any other right to require Lsnder to sue or otherwiss enforce payment thereof. In addition, the undersigned waives the bsnefit of all laws now or hereafter in effect in any way limiting or restricting the liability of the undersignsd hereunder and waives all defenses whatsoever to undersigned's liability hersunder othsr than payment, 5, If any of the Borrower's obligations to Lsnder are not duly performed, including the prompt payment when due of any amount payable thereunder, all Borrower's liabilities to Lender shall at Lender's option be desmed to be forthwith due and payable for the purposes of this Guaranty and the liability of the undersigned hsreunder, ~ (""'I 6, In addition to all other liability of the underoigned hereunder and notwithotanding the limit, if any, Bet forth in paragraph 1 hereof, the underoigned aloo agreeD to pay to Lender on demand all cooto and expenoeo (including reaoonable attorneys' fseo and legal sxpenoss) which may be incurrsd in the enforcement of the Borrower'o liabilitieo to Lender or the liability of the underoigned hereunder. 7. The underoigned hereby authorizso and empowero any Prothonotary, Clsrk or Attorney of any Court of Record to appear for and confeoo judgment againot the underoigned in favor of Lendor, ita ouccsoooro or aooigno, for the sum Bet forth in paragraph 1 hereof, with or without declaration filed, with intersot and coots, release of error, without otay of execution and with 25\ addsd for collection feeol and the undersigned further authorizeo the immediate iosuing of an appropriate writ of execution upon which real or peroonal property may be Bold without delay ao providsd by law or the ruleD of civil procedure governing ths enforcement of judgmentol and the underoigned alao waiveD the right of inquisition on any real eotate that may be levied upon to collect the amount dus under a judgmsnt obtained by virtue hersof, and undsrsigned doss hereby voluntarily condemn the same and hereby waivso and releaoso all relief from any and all appraioemento, otay, exsmption or homeotead lawn of any state, now in forca, or hereafter paooed, and any right to except to, strike off, open or appeal from the judgment 00 entered I and if a true copy of thio inotrument ohall be filed in any ouch action, it ohall not be neceooary to file the original ao a warrant of atto~ney, any rule of court to the contrary notwithotanding. No single exercioe of the foregoing warrant and power to confeoo judgment ohall be deemed to exhaust the power, but it shall continue undiminiohed and may be exercissd from time to time ao often ao Lender shall elect, until all oumo payable by the underoigned have been paid in full. B. To oecure all obligationo of the underoigned hereunder, Lender ohall have a lien upon and oecurity intereot in (and may, without demand or notice of any kind, at any time and from time to time when any amount ohall be due and payable by ouch underoigned hereunder, appropriate and apply toward the paymsnt of such amount, in ouch order of application ao Lender may elect) any and all balanceo, credits, depooito, accounto or moneyo of or in the name of underoigned now or hereafter with Lender and any and all property of every kind or deocription of or in the name of such underoigned now or hereafter, for any reason or purpose whatsoever, in the poooeooion or control of Lender. 9, The liability of the underoigned hereunder io aboolute and unconditional and ohall not be affected in any way by reaoon of (a) any failure to retain or preoerve, or the lack of prior enforcement of, any righto againot any peroon or persons (including Borrower) or in any property, (b) the invalidity of any ouch rights which may be attempted to be obtained, (c) any delay in enforcing or failure to enforce ouch rights even if ouch righto are thereby loot, or (d) any delay in making demand on the undereigned for performance or payment of the underoigned'o obligationo hereunder. 10. If the underoigned conoioto of more than one person, ouch peroono ohall be jointly and oeverally liable hereunder, This guaranty shall inure to the benefit of Lender, ita oucceooors, asoigno, endorsees and any peroon or peroono, including any banking inotitution or inotitutiono, to whom Lender may grant any intereot in Borrower' 0 liabilitieo to Lender or any of them, and ohall be binding upon the underoigned and the undersigned' 0 executoro, administratoro, oucceoooro, aosigno, and other legal representativeo, The underoigned intendo thio to be a sealed inotrument and to be legally bound hereby. All iooues arioing hereundsr ohall be governed by the law of pennoylvania, , -, ~ f"'. , .. "' 'j ,J t\ I:' Witne.. the due execution hereof this 6th day of November, 1995. , Sworn and .ub.cribed to before me thi. 6th dfty of November, 1995 /~..~~ H. Lee . B . op . '~~f4,'~21;~ ~~ c:--~~~ ~' NOTNUL SEAL PEIlGY J, B.IIBI. Nay NlIIc t=. till 110Io, CIIIWn COlIlIY My 1111 '1I1on ~ '11:' "0, 1181 Addre... 3600 Logan Court, Unit 3A Camp Hill, Pa. 17011 " , . , r~ , , " ! r", , , '. J":i -,- J "'}/ ,1 ( ? ~, , . , ~. , ( i .... r< J .;..) t:.' , .... i': t.,.-, i ....