This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Indiana Continuing Guaranty of Payment and Performance of all Obligations and Liabilities Due to Lessor from Lessee under Lease with Mortgage Securing Guaranty
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How to fill out Continuing Guaranty Of Payment And Performance Of All Obligations And Liabilities Due To Lessor From Lessee Under Lease With Mortgage Securing Guaranty?
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FAQ
In a lease agreement, the lessor is the person or party that issues the lease (allows the property to be rented), and the lessee is the person that the lease is granted to (the person paying rent to use the property).
Appropriate execution clauses A deed executed by an individual must clearly include the names and signatures of the signatory. A witness is also required to execute a deed signed by an individual. The elements of offer, acceptance, intention to be bound by law and consideration must be satisfied.
A personal guarantee can be enforced the same way as any debt. If the business owner does not pay, the creditor can bring a lawsuit to receive a judgment and levy the owner's personal assets to cover the debt.
A guarantee is presumed not to be enforceable unless all the named guarantors sign the guarantee (or the terms of the guarantee provide that the guarantee is enforceable on a signed party irrespective of whether other named parties sign).
A triple net lease (NNN) assigns sole responsibility to the tenant for all costs relating to the asset being leased, in addition to rent. A double net lease makes the tenant responsible for both property taxes and insurance premiums due.
The usual way that a guaranty is enforced is through a written demand (although this is not usually required in most forms) followed by the filing of a law suit. If the guarantor has pledged collateral to secure the guaranty obligation, foreclosure proceedings against that will often be commenced.
A guarantee is a binding promise of one person (the guarantor), to be answerable for the debt or obligation of another (the debtor), if that other defaults. Guarantees become enforceable by the person to whom the guarantee has been given (the creditor) when debtors have defaulted on their obligations.
Lease terms are the contract terms of a lease agreement between a lessee, usually the tenant, and a lessor, typically the landlord. The legal contract includes lease terms to establish the period of time by which the lease will last, contractual obligations, and more.