KNOWS OR SHOULD KNOW AND HAS NOT DISCLOSED TO BANK, WHICH
DOES OR MAY MATERIALLY AND ADVERSELY AFFECT GUARANTOR.
9.
COVENANTS.
GUARANTOR WILL DELIVER OR CAUSE TO BE DELIVERED TO
BANK, WITH REASONABLE PROMPTNESS, ALL SUCH DATA AND INFORMATION IN RESPECT OF
THE CONDITION, OPERATION AND AFFAIRS OF GUARANTOR AS BANK MAY REQUEST FROM TIME
TO TIME.
10.
CROSS-DEFAULT.
GUARANTOR COVENANTS AND AGREES THAT (A)
THE
OCCURRENCE OF AN EVENT OF DEFAULT SHALL CONSTITUTE A DEFAULT BY GUARANTOR UNDER
ANY OTHER AGREEMENTS BETWEEN BANK AND GUARANTOR, WHETHER NOW EXISTING OR
HEREAFTER ARISING; AND (B)
THE OCCURRENCE OF A DEFAULT OR EVENT OF DEFAULT
UNDER ANY OTHER AGREEMENTS BETWEEN BANK AND GUARANTOR, WHETHER NOW EXISTING OR
HEREAFTER ARISING, SHALL CONSTITUTE AN EVENT OF DEFAULT HEREUNDER.
11.
CONFESSION OF JUDGMENT.
GUARANTOR HEREBY AUTHORIZES AND EMPOWERS
ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY
6
COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY OTHER JURISDICTION WHICH
PERMITS THE ENTRY OF JUDGMENT BY CONFESSION, TO APPEAR FOR GUARANTOR AT ANY TIME
AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, IN ANY ACTION BROUGHT AGAINST
GUARANTOR ON THIS SURETY AGREEMENT AT THE SUIT OF BANK, WITH OR WITHOUT
COMPLAINT OR DECLARATION FILED, WITHOUT STAY OF EXECUTION, AS OF ANY TERM OR
TIME, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE
UNPAID AMOUNT OF THE GUARANTEED OBLIGATIONS AND ALL ARREARAGES OF INTEREST
THEREON, TOGETHER WITH ALL COSTS AND OTHER EXPENSES AND AN ATTORNEY'S COLLECTION
COMMISSION OF FIFTEEN PERCENT (15%) OF THE AGGREGATE AMOUNT OF THE FOREGOING
SUMS, BUT IN NO EVENT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00); AND FOR SO
DOING THIS SURETY AGREEMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A
SUFFICIENT WARRANT.
THE AUTHORITY GRANTED HEREIN TO CONFESS JUDGMENT SHALL NOT BE EXTINGUISHED BY
ANY EXERCISE THEREOF, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES
DURING THE DURATION OF THIS SURETY AGREEMENT.
GUARANTOR ACKNOWLEDGES THAT
GUARANTOR HAS BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION AND
DELIVERY OF THIS SURETY AGREEMENT.
GUARANTOR KNOWINGLY WAIVES GUARANTOR'S RIGHT
TO BE HEARD PRIOR TO THE ENTRY OF SUCH JUDGMENT AND UNDERSTANDS THAT, UPON SUCH
ENTRY, SUCH JUDGMENT SHALL BECOME A LIEN ON ALL REAL PROPERTY OF GUARANTOR IN
THE COUNTY IN WHICH SUCH JUDGMENT IS ENTERED AND THAT EXECUTION MAY IMMEDIATELY
BE ISSUED ON THE JUDGMENT TO GARNISH, LEVY ON OR ATTACH ANY PERSONAL PROPERTY OF
GUARANTOR.
GUARANTOR WAIVES AND RELINQUISHES ALL ERRORS, DEFECTS AND IMPERFECTIONS IN THE
ENTRY OF JUDGMENT AS AFORESAID, OR IN ANY PROCEEDING PURSUANT THERETO, AND ALL
BENEFITS THAT MAY ACCRUE TO GUARANTOR BY VIRTUE OF ANY LAW OR RULE OF COURT
RELATING TO A STAY OF EXECUTION OR EXEMPTING ANY PROPERTY FROM LEVY OR SALE
UNDER EXECUTION.
12.
NOTICES.
ALL NOTICES, REQUESTS AND OTHER COMMUNICATION MADE OR
GIVEN IN CONNECTION WITH THIS SURETY AGREEMENT SHALL BE IN WRITING AND, UNLESS
RECEIPT IS STATED HEREIN TO BE REQUIRED, SHALL BE DEEMED TO HAVE BEEN VALIDLY
GIVEN IF DELIVERED PERSONALLY TO