Laserfiche WebLink
PERSONAL GUARANTY <br />(Jobs Incentive Microloan — Mark Orluck) <br />Elk River, Minnesota <br />July 17, 2018 <br />FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby <br />acknowledged, and in consideration of and to induce financial accommodations of any kind, with <br />or without security, given or to be given or continued at any time and from time to time by the <br />ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER (the "Lender") <br />to or for the account of Orluck Industries, Inc. (the `Borrower"), the undersigned absolutely and <br />unconditionally guaranty to the Lender the full and prompt payment when due, whether at <br />maturity or earlier by reason of acceleration or otherwise, of any and all indebtedness, <br />obligations and liabilities of the Borrower (and any and all successors of the Borrower) to the <br />Lender, now or hereafter existing, absolute or contingent, independent, joint, several or joint and <br />several, secured or unsecured, due or to become due, contractual or tortious, liquidated or <br />unliquidated, arising by assignment or otherwise, including without limitation all indebtedness, <br />obligations and liabilities owed by the Borrower (and any and all successors of the Borrower) as <br />a member of any partnership, syndicate, association or other group, and whether incurred by the <br />Borrower (or any successor of the Borrower) as principal, surety, endorser, guarantor, <br />accommodation party or otherwise (collectively, the "Indebtedness"); and the undersigned agrees <br />to pay on demand all of the Lender's fees, costs, expenses and reasonable attorneys' fees in <br />connection with the Indebtedness, any security therefor, and this guaranty, plus interest on such <br />amounts at the highest rate then applicable to any of the Indebtedness. <br />The Lender may at any time and from time to time, without consent of or notice to the <br />undersigned, without incurring responsibility to the undersigned, without releasing, impairing or <br />affecting the liability of the undersigned hereunder, upon or without any terms or conditions, and <br />in whole or in part: (1) sell, pledge, surrender, compromise, settle, release, renew, subordinate, <br />extend, alter, substitute, exchange, change, modify or otherwise dispose of or deal with in any <br />manner and in any order any Indebtedness, any evidence thereof, or any security or other <br />guaranty therefor; (2) accept any security for, or other guarantors of, any Indebtedness; (3) fail, <br />neglect or omit to obtain, realize upon or protect any Indebtedness or any security therefor, to <br />exercise any lien upon or right to any money, credit or property toward the liquidation of the <br />Indebtedness, or to exercise any other right against the Borrower, the undersigned, any other <br />guarantor or any other person; and (4) apply any payments and credits to the Indebtedness in any <br />manner and in any order. No act, omission or thing, except full payment and discharge of the <br />Indebtedness, which but for this provision could act as a release or impairment of the liability of <br />the undersigned hereunder, shall in any way release, impair or otherwise affect the liability of the <br />undersigned hereunder, and the undersigned waives any and all defenses of the Borrower <br />pertaining to the Indebtedness, any evidence thereof, and any security therefor, except the <br />defense of discharge by payment. The failure of any person or persons to sign this or any other <br />guaranty shall not release, impair or affect the liability of the undersigned hereunder. This <br />guaranty is a primary obligation of the undersigned and the Lender shall not be required to first <br />529331vt EL185-56 <br />