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02/21/12 Special
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02/21/12 Special
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Last modified
7/18/2025 11:11:55 AM
Creation date
2/16/2012 4:39:28 PM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority - Special
Document Date
02/21/2012
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GUARANTY <br />THIS GUARANTY (this "Guaranty ") is made as of March 15, 2012 by BRIAN R. WINGES, an <br />individual residing in the State of Minnesota (the "Guarantor "), to and for the benefit of THE HOUSING <br />AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RAMSEY, MINNESOTA, a <br />public body politic and corporate under the laws of the State of Minnesota ( "Lender "). <br />RECITALS <br />A. Pursuant to that certain Limited Warranty Deed dated on or about the date hereof ( "Deed ") <br />Lender conveyed to TOTI Holdings, LLC, a Minnesota limited liability company ( "Borrower ") certain real <br />legally described as Lot 4, Block 1, COR ONE, Anoka County, Minnesota (the "Property "). In connection <br />therewith, Seller has agreed to finance up to $705,582.50 of the purchase price of the Property (the "Loan "), <br />as evidenced by that certain Promissory Note dated on or about the date hereof (the "Note "). Borrower's <br />obligation to repay the Loan is secured by that certain Mortgage dated on or about the date hereof executed <br />by Borrower in favor of Lender (the "Mortgage "). <br />B. It is a condition precedent to the obligation of Lender to make the Loan that this Guaranty <br />be executed and delivered by Guarantor. <br />C. Guarantor is a member of Borrower, and Guarantor expects to derive benefits from the <br />Loan and finds it in his best interests to execute and deliver this Guaranty to Lender. <br />Now, therefore, in consideration of the making of the Loan and for other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby covenants <br />and agrees with Lender as follows: <br />ARTICLE 1. <br />GUARANTY. <br />Section 1.1 Guaranty. Guarantor hereby absolutely and unconditionally guarantees to <br />Lender the full and prompt payment when due of the principal of, all interest on, and all fees in respect of, <br />all of the Loan, and the full and prompt payment and performance of any and all other obligations under the <br />Note, whether all or any portion of such Loan and other obligations are now or hereafter existing, direct or <br />indirect, related or unrelated, joint or several, or absolute or contingent, whether or not for the payment of <br />money, and whether arising by reason of an extension of credit, loan or guarantee or in any other manner (all <br />of the foregoing indebtedness, liabilities and obligations which are outstanding from time to time being <br />hereinafter collectively referred to as the "Guaranteed Obligations "). Guarantor hereby absolutely and <br />unconditionally guarantees to Lender the full and prompt payment and performance of the Guaranteed <br />Obligations when the Guaranteed Obligations are due under the terms of the Note, including, without <br />limitation, on the occurrence of an Event of Default (as defined in the Note), by reason of the maturity or <br />acceleration of any of the Guaranteed Obligations, on the occurrence and continuance of a default under the <br />terms of this Guaranty, or otherwise, and at any times after the date when due. <br />Section 1.2 Limit On Guaranty. Notwithstanding any other provision of this Guaranty <br />but subject to Section 1.3 below, Guarantor will in no event be required to pay to Lender under this <br />Guaranty more than the total sum (the total sum being, the "Maximum Aggregate Liability ") of (a) <br />$762,300.00, plus all accrued and unpaid interest on such amount and (b) all costs, expenses, fees and <br />amounts described in Section 4.2. <br />4487552v3 <br />
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