Fillable Printable Guarantor Agreement - Trailblazer Commons

Guarantor Agreement - Trailblazer Commons

Guarantor

Agreement

The terms used in this Guarantor Agreement are defined:

o Housing Contract: this “Contract”, which includes this document, and all other applicable addendums

referred to in this document or executed by the Resident.

o Bedroom Space: Shall be a bed space in a (Unit Type) (Unit Number) located at the

“Premises”. In the event the Bedroom Space and/or the Unit are not assigned to Resident as of the Execution

Date, Resident acknowledges that these will be assigned at a later date. Resident acknowledges that Resident

will sign a Bedroom Space Addendum upon Owner’s request, upon the same terms stated herein which

identifies the Bedroom Space and Unit. In the event Resident fails to sign the Bedroom Space Addendum,

Resident agrees that Owner shall have the

right to identify such Bed Space and Unit in a new or modified

contract and that such designation shall be incorporated in this Housing Contract as if Resident has signed this

Housing Contract identifying such Bedroom Space and Unit.

o Guarantor Agreement: “Guaranty” shall be this document

o Guarantor: “Guarantor” shall be:________________________(the Resident’s parent(s), legal guardian,

person in process of obtaining custody, or other sponsor).

o Execution Date: “Execution Date” shall be the date in which this Contract was executed by the Resident.

o Owner: “Owner” shall be the Owner, Owner’s Agent, and Mulberry Partners, LLC.

o Resident: “Resident” shall be: ________________________

o Resident Handbook: As provided by Owner’s Agent at time of occupancy.

o Roommates: “Roommates” shall be the persons occupying the other bed spaces within the

unit and sharing

the Common Areas.

o Premises: The area within the property boundar ies of Trailblaz er Commons.

The Resident named above desires to enter into a Housing Contract with Owners Agent for certain premises located at

Trailblazer Commons

Owner requires security in exchange for entering into a Housing Contract. The Guarantor named above is willing to

give such security.

The Guarantor and the Resident will be jointly and severally responsible for full payment and performance of all of the

Resident’s obligations under the Housing Contract.

The Guarantor and the Resident will be obligated to:

• Complete a rental application and qualify according to the standards of the Owner and Owners Agent

• Ensure prompt payment of Rent and other charges associated with the Housing Contract.

• Adhere to all conditions of the Housing Contract and the Resident Handbook.

• Pay for any and all damages to the Apartment while Resident is in possession of the Apartment and/or

obligated under the Housing Contract.

If the Resident or the Guarantor is in violation of the Housing Contract or if the Contract is not fulfilled in its entirety,

• Both the Guarantor and the Resident may be named in any and all court proceedings, and both will be subject

to any judgments resulting from court proceedings.

• Both the Guarantor and the Resident will be named on any accounts turned over to collection agencies.

• The Guarantor and the Resident will agree to pay reasonable legal fees and costs associated with the

enforcement of the Housing Contract or this Guaranty Agreement and/or the collection of any and all monies

due.

• All remedies against the Resident will apply to the Guarantor as well.

It is not necessary for the Guarantor to sign or to be named in the Housing Contract.

This Guaranty Agreement applies to the Housing Contract with the above Execution Date and will be valid and

through the Term and any renewals of the Housing Contract and any transfers to another Exclusive Bed Space

within th e Pre mises. The Housing Contract may be e xtended, renewed or modified and will be covered by this Guaranty

Agreement without further notice. The liability of Guarantor under the Guaranty Agreement is unconditional and

primary. Guarantor waives the benefits of any right of discharge, if any, and any rights of sureties and gu ar antors under

law. This Guaranty Agreement and its underlying obligations are not released, impaired, reduced or affected by the

occurrence of anyone or more of the following: (i) the insolvency, bankruptcy, disability, or death of the Resident;

(ii) renewal, extension or modification of the Housing Contract, either with or without notice to Guarantor; or (iii) any

delay, failure or refusal of Owner or Owners Agent to take or prosecute any action for collection or enforcement of the

Housing Contract; TO THE MAXIMUM EXTENT PERMITTED

BY LAW, GUARANTOR IRREVOCABLY

WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR

COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, IN

CONNECTION WITH, OR RELATING TO ANY OF THE PROVISIONS OF THIS GUARANTY AGREEMENT.

Guarantor hereby irrevocably authorizes and empowers any attorney-at-law to appear in any court of record and

confess judgment against Guarantor for the unpaid balance due under this Guaranty as evidenced by an affidavit signed

by the Owner or Owners Agent setting forth the amount then due, attorneys’ fees and costs of suit, and to release all

errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affidavit, shall have been filed in the

proceeding, it shall not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay

of execution and the benefit of any exemption laws now or hereafter in effect. No single exercise of the foregoing

warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be

held by any court to be invalid, voidable or void, but the power will continue undiminished and may be exercised by

Owner from time to time as Owner may elect until all amounts due under this Guaranty are paid in full. Guarantor

waives and releases any

and all claims or causes of action Guarantor might have against any attorney acting under the

terms of the authority which Guarantor has granted herein arising out of or connected with the confession of judgment

hereunder.

OWNER: GUARANTOR:

Name Printed: Name Printed:

Signature: Signature:

Date:

/ / Date Signed: / / Date of Birth: / /

Type of Identification (If signed in your presence): Address: City:

_________________________________________________ State: Zip Code: Phone Number: (_ )

Identification Number (If signed in your presence): Social Security Number: ‐

‐

_________________________________________________ Driver’s License Number:

State Issued: Monthly Income:

NOTARY OF GUARANTOR’S SIGNATURE

If Guarantor does not sign the Guaranty Agreement in the presence of Owner, Guarantor’s signature must be notarized. A

notarized, facsimile signature is just as binding as an original.

This instrument was acknowledged, sworn to and subscribed before me on / / (date).

Notary Public Signature