(hereinafter called the (“Debtor”), the undersigned (whether one or more parties) hereby guaranties absolutely and unconditionally the prompt payment when due of any and all indebtedness of the Debtor to the Creditor. Such indebtedness of the Debtor may include all principal, interest, finance charges, attorneys fees and costs, whether direct or indirect, absolute or contingent, due or to become due, or whether such indebtedness is now existing or arises hereafter. In addition, if the Creditor seeks legal counsel to collect any amounts owed by the Debtor for any indebtedness or seeks to enforce this guaranty to any extent, in addition to the indebtedness, the undersigned agrees to pay all of Creditor’s attorneys fees, expenses, expert witness fees, litigation and costs, provided Creditor prevails to any extent by settlement or otherwise.
No extension or renewal of time of payment of any indebtedness, no release or surrender of any security for any indebtedness, no release of any person primarily or secondarily liable on any indebtedness, and no delay in enforcement of payment of any indebtedness, shall affect the liability of the undersigned hereunder. Any and all payments upon the indebtedness made by the Debtor or by any of the undersigned, or by any other person, and the proceeds of any and all collateral or security for any of the indebtedness, may be applied by the Creditor upon such of the items of the indebtedness as the Creditor shall determine.
Each of the undersigned waives notice of acceptance of this guaranty, notice of the extension of credit or financial accommodation to the Debtor, notice of the amount of indebtedness which may exist from time to time, notice of any extension of the time for payment, demand for payment, notice of non-payment, protest, notice of protest, and all other notices of every kind and nature, and agrees that this guaranty may be enforced against the undersigned without any prior proceeding or action against the Debtor.
This guaranty is a continuing guaranty and shall remain in full force and binding upon the undersigned and his or their heirs, executors and administrators, notwithstanding the death of one or more of the undersigned, until the expiration of thirty (30) days after written notice of revocation by certified mail is received by the Creditor at its office and until any and all indebtedness of the Debtor to the Creditor incurred prior to the expiration of such thirty (30) day period shall have been fully paid.
If this guaranty is executed by more than one party, it shall be the joint and several obligation of said parties. If this guaranty is executed by a corporation or other business entity, the undersigned officer, partner or member of said entity represents and warrants that he/she has the power and authority to make such guaranty on behalf of the entity and that the making of such guaranty is in the best interests of the entity.
Any and all issues arising from or concerning the guaranty shall be governed by the internal laws of the State of Missouri. The undersigned hereby waives the right to a jury trial in any action, proceeding, or counterclaim brought by either Roofers Mart or the undersigned against the other. The undersigned agrees that the sole jurisdiction and venue of any lawsuit arising hereunder shall be in the Circuit Court of St. Louis County, Missouri, regardless of the location or residence of the undersigned.
IN WITNESS WHEREOF I/We have hereunto set my hand on the date set forth below.