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EXHIBIT F <br />FORM OF GUARANTY <br />This Guaranty (the "Guaran "), executed by Brenda C. Markin (the "Guarantor ") in favor of the City of <br />South Bend, Indiana, Department of Redevelopment, a municipal having its principal office at 1200 County -City <br />Building, 227 W. Jefferson Boulevard, South Bend, Indiana, Indiana 46601 (the "Landlord "), WITNESSES: <br />RECITALS <br />WHEREAS, Landlord has leased to Brenda C. Marking (the "Tenant "), and Tenant has leased from <br />Landlord, certain premises within that certain Building commonly known as 117 & 119 E. Wayne Street, South <br />Bend., Indiana 46601, which premises (the "Premises ") more particularly is described in that certain Lease entered <br />into by and between Landlord and Tenant of even date herewith (the "Lease "); <br />WIIEREAS, Tenant has created a , named (the "Company ") for <br />purposes of operating a business at the Premises under the Lease and desires to assign the Lease to the Company; <br />and <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 consenting to the assignment of the Lease to the Company, has <br />required that Guarantor enter into this Guaranty; <br />AGREEMENT <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 />I. Guaranty. Guarantor absolutely and unconditionally guarantees 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 Term and thereafter, until all of the Obligations are paid and performed in full. <br />2. 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 under 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 />Obligations; (Y) any proceeds thereof; or (Z) any security therefor. Guarantor unconditionally waives: (1) <br />any claim or other right now existing or hereafter arising 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, indemnification, or to payment); and (2) any right <br />to participate or share in any right, remedy, or claim of Landlord. <br />F. IDATALSHAREILegallWpdatatSEPlEconomicDevelopmentlBillie `slState CafeWtate Cafe Lease (version S).doc <br />