EXHIBIT F
<br />FORM OF GUARANTY
<br />(EXHIBIT F-1 when executed)
<br />This Guaranty (the "Guaranty"), executed by (the "Guarantor") in favor of the
<br />City of South Bend, hldiana, Department of Redevelopment, a municipal having its principal office at 1200 County-
<br />City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, Indiana 46601 (the "Landlord"),
<br />WITNESSES:
<br />RECITALS
<br />WHEREAS, Landlord has leased to , (the "Tenant"), and Tenant has leased
<br />from Landlord, certain premises within that certain Building commonly known as l31 S. Michigan Street, South
<br />Bend, Indiana, which premises (the "Premises'") more particularly is described in that certain Lease entered into by
<br />and between Landlord and Tenant of even date herewith (the "Lease");
<br />WHEREAS, "Obligations" shall mean all obligations, liabilities, and indebtedness of Tenant to Landlord,
<br />now or hereafter existing under the Lease or with respect to the Premises (including, without limitation all Rent
<br />payable by Tenant to Landlord), together with all: (a) interest accruing thereon; and (b) costs and expenses
<br />(including, without limitation, reasonable attorneys' fees) incurred by Landlord in the enforcement or collection
<br />thereof; whether such obligations, liabilities, and indebtedness are direct, indirect, fixed, contingent, liquidated,
<br />unliquidated, joint, several. or joint and several: and
<br />WHEREAS, Landlord, as a condition to entering into the Lease, has required that Guarantor enter into this
<br />Guaranty;
<br />AGREEATEtiT
<br />NOW. THEREFORE. for good and valuable consideration, the receipt and sufficiency of which are
<br />acknowledged hereby, Guarantor covenants and agrees as follows:
<br />Guaranty. Guarantor absolutely and unconditionally Quarantees the full and prompt payment and
<br />performance when due of the Obligations. This Guaranty shall continue. in full force and effect throughout
<br />the Tenn and thereafter. until all of the Obligations are paid and performed in full.
<br />Waivers. Guarantor expressly waives: (a) presentment for payment, demand, notice of demand and
<br />dishonor. protest. and notice of protest and nonpayment or nonperformance of the Obligations; and (b)
<br />diligence in: (i) enforcing payment or performance of. or collecting, the Obligations: (ii) exercising the
<br />rights or remedies wider the Lease: or (iii) bringing suit against Tenant or any other party. Landlord shall
<br />be under no obligation: (A) to notify Guarantor of: (i) its acceptance of this Guaranty; or (ii) the failure of
<br />Tenant to timely pay or perform any of the Obligations; or (B) to use diligence in: (i) preserving the
<br />liability of Tenant or any other party; or (ii) bringing suit to enforce payment or performance of, or to
<br />collect. the Obligations. To the full extent allowed by applicable law, Guarantor waives all defenses: (y)
<br />given to sureties or guarantors at law or in equity. other than the actual payment and performance of the
<br />Obligations: and (z) based upon questions as to the validity. legality, or enforceability of the Obligations.
<br />The payment by Guarantor of any amount pursuant to this Guaranty shall not in any way entitle Guarantor
<br />to any right, title, or interest (-whether by way of subrogation or otherwise) in and to: (X) any of the
<br />Obli~~ations: (Y) an~~ proceeds thereof: or (Z) any security therefor. Guarantor unconditionally waives: (1)
<br />any claim or other right no«~ existing or hereafter arisin~~ against Tenant or any other party that arises from,
<br />or by virtue of. the existence or performance of this Guaranty (including, without limitation, any right of
<br />subrogation. reimbursement, exoneration, contribution. indenmification, or to payment); and (2) any right
<br />to participate or share in any right, remedy, or claim of Landlord.
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