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In consideration of the extension of credit by Drywall Material Sales, LLC (“the Company”) to
(Full legal name of applicant, hereinafter referred to as “the Customer”) and for other valuable consideration, the undersigned hereby jointly and severally absolutely and unconditionally guarantee full and prompt payment of any and all sums which are now, or may in the future, become due to the Company from the Customer. The undersigned promise to pay any amounts owed under this guaranty to the Company within two days after demand by the Company of payment of such amounts at the address of the Company set forth below.Each of the undersigned acknowledges the Company is relying upon this guarantee and would not extend credit to the Customer without the undersigned entering into this guarantee. This guarantee is an absolute, unconditional and continuing guarantee of the full and prompt payment and performance by the Customer of any and all invoices now or in the future to become due, and is not a guaranty of collection only, and is in no way conditioned upon any requirements that the Company first attempt to collect any of the outstanding amounts from the Customer or any other party primarily or secondarily liable with respect thereto, or upon any other contingency whatsoever. Each of the undersigned hereby waives any notice of the time and amount of extension of credit to the Customer, as well as rights to set-off, redemption and counterclaim that may be alleged to exist in favor of the Customer. This guarantee shall extend, without limitation, to principal, interest, costs of collection and attorney’s fees incurred by the Company relating to any amounts owed pursuant to this Guaranty or amounts owed by the Customer to the Company.Each of the undersigned unconditionally and irrevocably waives (i) notice of every kind (other than as required by any unwaivable and applicable law or as otherwise required pursuant to the terms hereof), including, without limitation, notice of dishonor, (ii) protest, (iii) presentment, and (iv) each and every defense based on suretyship, impairment of collateral or anelection of remedies. This guaranty shall not be limited or impacted in any way by any failure, omission or delay to enforce, assert or exercise any right, power or remedy conferred by the terms between the Company and the Customer, by any claim, defense, counterclaim or setoff, other than that of prior payment or performance, that the Company, any of the undersigned or any other party that may become liable for all or any part of the guaranteed obligations may have asserted, any future increase or decrease in the amount of the guaranteed obligations pursuant to the terms between the Company and the Customer or any guarantee of, or grant of a lien or other interest in collateral to secure, any of the guaranteed obligations by any other party.This guaranty is intended to cover a running account or accounts by the Customer and will remain in full force and effect until 14 days after a termination in writing is sent by any of the undersigned registered mail, return receipt, and received at the below address. In such event, this guaranty shall terminate only to new obligations as to the undersigned terminating this guaranty, but shall not terminate as to any obligations incurred prior to the date of such termination.No rights against the undersigned are waived by failure to exercise any rights against the Customer upon his or its default. The incorporation, merger, reorganization or sale of the Customer’s business shall not operate as a termination of this guaranty. This guaranty shall survive any bankruptcy or receivership proceeding of the Customer.Each of the undersigned hereby consents and authorizes Drywall Material Sales,LLC use of non-business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal(s), proprietor(s) and/or guarantor(s) in connection with the extension of business credit as contemplated by this credit application.
ACKNOWLEDGED AND ACCEPTED:Drywall Material Sales, LLC
1445 E. 68th AvenueDenver, CO 80229(303) 996-1444