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Guaranty and Suretyship Agreement

 

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Title:

Guaranty and Suretyship Agreement

Entities:

Corporate Property Associates 15 Inc

Date:

2006

Size:

Preview shows 5KB of 45KB total

Price:

$39

ID:

#1548167

 

 

► Financing ► Surety ► Suretyship ► Guaranty & Suretyship Agreements

 

 

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                       GUARANTY AND SURETYSHIP AGREEMENT


THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty"), dated as of the
31st day of March, 2004, made by U-HAUL INTERNATIONAL, INC., a Nevada
corporation ("Guarantor"), to UH STORAGE (DE) LIMITED PARTNERSHIP, a Delaware
limited partnership ("Landlord").

W I T N E S S E T H:

WHEREAS, Landlord, as lessor, has entered into a Lease Agreement of even
date herewith (the "Lease"), in which Landlord leased to U-Haul Moving Partners,
Inc., a Nevada limited partnership ("Tenant"), certain premises listed on
Schedule A attached hereto (collectively, the "Leased Premises");

WHEREAS, all of the issued and outstanding partnership interests of Tenant
are owned by Guarantor; and

WHEREAS, the execution and delivery by Guarantor of this Guaranty is a
material inducement to Landlord to execute the Lease, and Guarantor expects to
derive financial benefit from the Lease.

NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt of which is hereby acknowledged by
Guarantor, and intending to be legally bound, Guarantor hereby covenants and
agrees as follows:

ARTICLE I.
GUARANTEE

1.01. Guaranteed Obligations. Guarantor hereby absolutely
unconditionally and irrevocably guarantees to and becomes surety for Landlord
and its successors and assigns for the due, punctual and full payment,
performance and observance of, and covenants with Landlord to duly, punctually
and fully pay and perform, the following (collectively, the "Guaranteed
Obligations"):

(a) the full and timely payment of all Rent and all other amounts due or
to become due to Landlord from Tenant under the Lease or any other agreement or
instrument executed in connection therewith, including without limitation the
Seller/Lessee's Certificate of even date therewith in favor of Landlord, whether
now existing or hereafter arising, contracted or incurred (collectively, the
"Monetary Obligations"); and

(b) all covenants, agreements, terms, obligations and conditions,
undertakings and duties contained in the Lease to be observed, performed by or
imposed upon Tenant under the Lease, whether now existing or hereafter arising,
contracted or incurred (collectively, the "Performance Obligations"),

as and when such payment, performance or observance shall become due (whether by
acceleration or otherwise) in accordance with the terms of the Lease, which
terms are incorporated herein by reference. The Guaranteed Obligations shall not
be affected by the Tenant's voluntary or involuntary bankruptcy, assignment for
the benefit of creditors reorganization or similar proceeding affecting the
Tenant. If for any reason any Monetary Obligation shall not be paid promptly
when due, Guarantor shall, immediately upon demand, pay

<PAGE>

the same to Landlord when due under the terms of the Lease. If for any reason
Tenant shall fail to perform or observe any Performance Obligation, Guarantor
shall, immediately upon demand, perform and observe the same or cause the same
to be performed or observed. If, by reason of any bankruptcy, insolvency or
similar laws affecting the rights of creditors, Landlord shall be prohibited
from exercising any of Landlord's rights and remedies, including, but not
limited to, enforcement of the terrns of the Lease against the Tenant, then as
to Guarantor such prohibition shall be of no force and effect, and Landlord
shall have the right to make demand upon, and receive payment and/or performance
from Guarantor of all Guaranteed obligations and Guarantor's obligation in this
respect shall be primary and not secondary. Guarantor shall pay all Monetary
Obligations to Landlord at the address and in the manner set forth in the Lease
or at such other address as Landlord shall notify Guarantor in writing.

1.02. Guarantee Unconditional. The obligations of Guarantor hereunder are
continuing, absolute and unconditional, irrespective of any circumstance
whatsoever which might otherwise constitute a legal or equitable discharge or

 

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