1. In consideration of the execution of the lease rental agreement (the “Agreement”) for the premises located at ______________ ______________________, by and between REMCo, Agent of Owner, and _____________________________________________ (“Resident”), and for valuable consideration, receipt of which is hereby acknowledged, the undersigned _______________________ _______________________, herein referred to as Guarantor, does hereby guarantee unconditionally to REMCo the prompt payment by Resident of the rent or any other sums which become due pursuant to the Agreement, a copy of which is attached hereto, including any and all court costs or attorneys’ fees incurred in enforcing the Agreement.
2. In the event of the breach of any terms of the Agreement by Resident, Guarantor shall be liable for any damages, financial or physical, caused by Resident, including any legal fees incurred in enforcing the Agreement.
3. This Guarantee may be immediately enforced by REMCo upon any default by Resident and an action against Guarantor may be brought at any time without first seeking recourse against Resident.
4. The insolvency of Resident or nonpayment of any sums due from Resident may be deemed a default giving rise to action by REMCo.
5. Guarantor hereby waives any rights to any and all of the following: notice of acceptance of this Guarantee; notice of any renewal, extension, modification, or amendments to the Agreement; any right to possession of the premises; notice of residents’ default under the Agreement, including, but not limited to, notices to pay rent or quit, and/or, notices to perform covenants; any right to benefit from or to direct the applications of any security held by REMCo.
Additionally, Guarantor hereby waives the right to direct REMCo to proceed against the aforesaid Resident or any other party liable, or to pursue any other remedy in REMCo’s power, and agrees that REMCo may proceed against Guarantor directly and independently of any other party liable, and that the cessation of the liability of any other party for any reason other than full payment, shall not in any way affect the liability of Guarantor.
6. If any legal action or other proceeding is brought by any party to enforce any part of this Guarantee, the prevailing party shall be entitle to reasonable attorneys’ fee and costs incurred.
7. Unless released in writing by REMCo, guarantor shall remain obligated by the terms of this Guarantee for the entire period of the tenancy as provided by the Agreement and for any extensions granted pursuant thereto.
Guarantor’s Signature _________________________________ Date ___________________________
Print name ________________________ Date of Birth: _____________ Social Security # __________
Address _____________________________City _____________________State______ Zip ___________
Home Phone _____________________________ Work Phone ___________________________
Guarantor’s signature must be verified by 1) provision of a copy of the Guarantor’s current driver’s license; or, 2) notarization of this Guarantee by a licensed Notary Public. Execution of this Guarantee authorizes REMCo to verify all information provided and to obtain a credit report concerning Guarantor.
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