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GUARANTY CONTINUED PAGE 6 <br /> and Guarantor hereby waive the right to any jury trial in any action, proceeding, or <br /> counterclaim brought by either Lender or Guarantor against the other. This Guaranty <br /> shall be governed by and construed in accordance with the laws of the State of California. <br /> Notices. All notices required to be given by either party to the other under this Guaranty <br /> shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and <br /> shall be effective when actually delivered or when deposited with a nationally recognized <br /> overnight courier, or when deposited in the United States mail, first class postage prepaid, <br /> addressed to the party to whom the notice is to be given at the address shown above or to <br /> such other addresses as either party may designate to the other in writing. If there is more <br /> than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For <br /> notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's <br /> current address. <br /> Interpretation. In all cases where there is more than one Borrower or Guarantor, then all <br /> words used in this Guaranty in the singular shall be deemed to have been used in the <br /> plural where the context and construction so require; and where there is more than one <br /> Borrower named in this Guaranty or when this Guaranty is executed by more than one <br /> Guarantor, the words 'Borrower" and "Guarantor" respectively shall mean all and any <br /> one or more of them. The words "Guarantor," "Borrower," and "Lender" include the <br /> heirs, successors, assigns, and transferees of each of them. Caption headings in this <br /> Guaranty are for convenience purposes only and are not be used to interpret or define the <br /> provisions of this Guaranty. If a court of competent jurisdiction finds any provision of <br /> this Guaranty to be invalid or unenforceable as to any person or circumstance, such <br /> finding shall not render that provision invalid or unenforceable as to any other persons or <br /> circumstances, and all provisions of this Guarantyy in all other respects shall remain valid <br /> and enforceable. If anyone or more of Borrower or Guarantor are corporations or <br /> partnerships, it is not necessary for Lender to inquire into the powers of Borrower or <br /> Guarantor or of the officers, directors, partners, or agents acting or purporting to act on <br /> their behalf, and any Indebtedness made or created in reliance upon the professed exercise <br /> of such powers shall be guaranteed under this Guaranty. <br /> Waiver. Lender shall not be deemed to have waived any rights under this Guaranty <br /> unless such waiver is given in writing and signed by Lender. No delay or omission on <br /> the part of Lender in exercising any right shall operate as a waiver of such right or any <br /> other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or <br /> constitute a waiver of Lender's right otherwise to demand strict compliance with that <br /> provision or any other provision of this Guaranty. No prior waiver by Lender, nor any <br /> course of dealing between Lender and Guarantor, shall constitute a waiver of any of <br /> Lender's rights or of any of Guarantor's obligations as to any future transactions. <br /> • <br />