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Reso 2000-103
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Reso 2000-103
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9/13/2010 9:23:08 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/26/2000
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GUARANTY CONTINUED PAGE 4 <br /> Indebtedness, the Borrower, the collateral, or any other guarantor or surety, or about any action <br /> or nonaction of Lender; or (g) pursue any remedy or course of action in Lender's power <br /> whatsoever. <br /> Guarantor also waives any and all rights or defenses arising by reason of (h) any disability or <br /> other defense of Borrower, any other guarantor or surety or any other person; (i) the cessation <br /> from any cause whatsoever, other than payment in full, of the Indebtedness; (j) the application of <br /> proceeds of the Indebtedness by Borrower for purposes other than the purposes understood and <br /> intended by Guarantor and Lender; or (k) any statute of limitations in any action under this <br /> Guaranty or on the Indebtedness. <br /> Guarantor waives all rights and defenses that Guarantor may have because Borrower's obligation <br /> is secured by real property. This means among other things: (1) Lender may collect from <br /> Guarantor without first foreclosing on any real or personal property collateral pledged by <br /> Borrower; (2) If Lender forecloses on any real property collateral pledged by Borrower: (A) The <br /> amount of Borrower's obligation may be reduced only by the price for which the collateral is <br /> sold at the foreclosure sale, even if the collateral is worth more than the sale price. (B) Lender <br /> may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has <br /> destroyed any right Guarantor may have to collect from Borrower. This is an unconditional <br /> waiver of any rights and defenses Guarantor may have because Borrower's obligation is secured <br /> by real property. These rights and defenses include, but are not limited to, any rights and <br /> defenses based upon Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure. <br /> Guarantor understands and agrees that the foregoing waivers are waivers of substantive rights <br /> and defenses to which Guarantor might otherwise be entitled under state and federal law. The <br /> rights and defenses waived include, without limitation, those provided by California laws of <br /> suretyship and guaranty, anti - deficiency laws, and the Uniform Commercial Code. Guarantor <br /> acknowledges that Guarantor has provided these waivers of rights and defenses with the <br /> intention that they be fully relied upon by Lender. Until all Indebtedness is paid in full, <br /> Guarantor waives any right to enforce any remedy Lender may have against Borrower or any <br /> • other guarantor, surety, or other person, and further, Guarantor waives any right to participate in <br /> any collateral for the Indebtedness now or hereafter held by Lender. <br /> GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor <br /> Warrants and agrees that each of the waivers set forth above is made with Guarantor's full <br /> knowledge of its significance and consequences and that, under the circumstances, the waivers <br /> are reasonable and not contrary to public policy or law. If any such waiver is determined to be <br /> contrary to any applicable law or public policy, such waiver shall be effective only to the extent <br /> permitted by law or public policy. <br /> • <br />
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