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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, Indiana, Department of Redevelopment, a municipal having its principal office at 1400 S
<br />County -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 117 -131 S. Michigan Street,
<br />South Bend, Indiana, 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 />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 />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 />Guaran . 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.
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