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.
North Carolina Mortgage Securing Guaranty of Performance of Lease
State:
Multi-State
Control #:
US-01084BG
Format:
Word;
Rich Text
Instant download
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How to fill out Mortgage Securing Guaranty Of Performance Of Lease?
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FAQ
A lease guaranty is a contract between an individual or entity (guarantor) that is typically related to the tenant. The guarantor promises to pay the landlord any and all payments due under the lease in the event the tenant defaults under its lease obligations and otherwise cure the tenant's defaults.
As the name suggests, a guarantee is a contractual promise to pay the liabilities of another. The guarantor is typically a shareholder, director or group company with assets.
A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor. The surety undertakes directly for the payment. The surety is responsible at once if the principal debtor defaults. In other words, a guaranty is an undertaking that the debtor shall pay.
Traditionally, a distinction is made between: Real guarantees relating to assets having an intrinsic value. Personal guarantees involving a debt obligation for one or more people. Moral guarantees that do not provide the lender with any real legal security.
A Surety Bond is much like a Bank Guarantee, both being unconditional and on demand. The difference being that Surety Bonds are issued by insurance companies or specialist bond issuers and Bank Guarantees are issued by banks.
A personal guarantee clause is a common provision in commercial lease agreements that requires the tenant or a third party to be liable for the rent and other obligations of the lease in case of default or breach by the tenant.
A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor. The surety undertakes directly for the payment. The surety is responsible at once if the principal debtor defaults.
If this happens and additional funds are advanced or re-advanced, the guarantee secures the additional funds up to the fixed amount. When a mortgage secures a guarantee, it secures the guarantor's obligation to repay the funds advanced related to the other party's debt, up to the guarantee amount.