LENDER AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, INCLUDING
INTEREST AT THAT RATE FROM AND AFTER THE DATE OF ANY SHERIFF'S SALE UNTIL ACTUAL
PAYMENT IS MADE BY THE SHERIFF TO LENDER OF THE FULL AMOUNT DUE LENDER, AND FOR
SO DOING THIS SHALL BE A GOOD AND SUFFICIENT WARRANT.
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 UNDER ANY LAW
OR RULE OF COURT RELATING TO A STAY OF EXECUTION OR EXEMPTING ANY PROPERTY FROM
LEVY OR SALE UNDER EXECUTION.
THE AUTHORITY HEREIN GRANTED TO CONFESS JUDGMENT
SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT SHALL CONTINUE FROM TIME TO
TIME AND AT ALL TIMES UNTIL ALL OBLIGATIONS OF BORROWER TO LENDER HAVE BEEN
FULLY DISCHARGED.
/s/ DHB
(Initials of Officer of Guarantor)
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WAIVER OF JURY TRIAL
26.
GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ANY RIGHT GUARANTOR MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS GUARANTY, OR
THE BORROWER=S OBLIGATIONS UNDER THE NOTE, THE FIRST MODIFICATION AGREEMENT, THE
LOAN AGREEMENT, ANY OTHER DOCUMENT OR INSTRUMENT RELATING HERETO OR THERETO, ANY
OTHER TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF THE
BORROWER OR THE GUARANTOR IN CONNECTION HEREWITH OR THEREWITH.
THIS PROVISION
IS A MATERIAL INDUCEMENT FOR THE LENDER TO MAKE THE LOAN EVIDENCED BY THE NOTE.
/s/ DHB
(Initials of Officer of Guarantor)
IN WITNESS WHEREOF, Guarantor has executed and sealed this Guaranty the day and
year first above written.
WITNESS:
GUARANTOR:
EVANS & SUTHERLAND COMPUTER
CORPORATION, a Utah Corporation
/s/ Calvin Eddings
BY: /s/ David H. Bateman
Witness
/s/ Calvin Eddings
ATTEST: /s/ Paul L. Dailey
Witness
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