|
Guaranty securities
<br />OfDocument
<br />We require three signed copies of this form White
<br />Account Copy must be sent to Home Office. Pink Copy is to be filed Prudential-Bache Securities Inc ID Code
<br />i
<br />in Branch Office. Buff Copy to be retained by client. 100 Gold Street, New York, NY 10292
<br />Gentlemen:
<br />3
<br />i•�o
<br />♦- r -_
<br />♦�z'�yfn
<br />rrI
<br />♦Tmmp Ar'
<br />i 2z
<br />r'
<br />Z,
<br />Iq �Z
<br />"','namDri
<br />i`c 0=spm
<br />y'cio�
<br />Z3 Z. 2y
<br />In consideration of your opening, now or hereafter, and/or continuing, an account or accounts (which, separately or jointly, with any and all
<br />renewals thereof, are hereinafter referred to as "said guaranteed account"), with CITY OF COLTON
<br />(hereinafter referred to as the "client"), or otherwise giving credit in said guaranteed account to said client, on such terms
<br />and conditions as may, from time to time, be agreed to between you and the client (notice of which is hereby waived), I hereby unconditionally
<br />agree to pay to you, on demand, any indebtedness (which term "indebtedness" as used herein also includes interest) which may now or
<br />hereafter be owing to you by the client on said guaranteed account.
<br />I hereby waive notice of acceptance by you of this guaranty, as well as demand, notice of default, and all other notices and confirmations
<br />concerning said guaranteed account, including any notices as to the current condition of said guaranteed account, as to any changes
<br />therein and as to the manner of conducting or closing the same or otherwise. I also waive any right to require that action be first brought
<br />against the client or any other guarantor of said guaranteed account or that resort be first had to any securities and/or other property and
<br />equities in said guaranteed account. '
<br />I agree that this guaranty is a continuing one and shall cover any present indebtedness in the guaranteed account, and also all
<br />indebtednesses (including indebtednesses on any reopenings of the guaranteed account after it may have been closed or inactive) that may
<br />hereafter be created. This guaranty shall continue in full force until you shall receive written notice of cancellation bearing my signature; I, my
<br />legal representatives, successors and assigns, shall be and remain fully liable, also, for any indebtedness incurred by the client after my
<br />death or attempted cancellation of this guaranty, but before you have notice of such death or attempted cancellation. I also agree that I shall
<br />be liable for any losses incurred in liquidating said guaranteed account during a reasonable time subsequent to your receipt of such notice.
<br />I consent and agree that this guaranty shall be effective not only with respect to said guaranteed account, but also with respect to any and
<br />all renewals; that said guaranteed account may be changed from time to time by the purchase and/or sale and/or exchange and/or delivery
<br />of securities or other property, or by payments by or to, or upon the order of the client. I consent and agree that said guaranteed account
<br />may be closed out by you at any time, and that you may otherwise, also deal freely with the client with respect to said guaranteed account
<br />and transactions therein, without notice to me, all without in any way affecting my obligations hereunder.
<br />I agree that as collateral security for this guaranty, and without affecting my obligations hereunder, you may hold any and all securities
<br />and/or other property and equities that you may at any time be carrying for me, and you shall have a lien thereon for the amount of the
<br />indebtedness in said guaranteed account; also that you may in your discretion transfer to said guaranteed account any equity, or securities,
<br />or other property that you may be carrying in any of my accounts, and that you may repledge or rehypothecate any of my securities or other
<br />property so transferred by you, separately or together with other securities or property, for more than the amount due you on the guaranteed
<br />account, without having in your possession or subject to your control for delivery, securities or other property of the same kind and amount.
<br />You shall at no time be required to return to me the identical securities or other property transferred by you, but only securities or other
<br />property of the same kind and amount and then only to the extent that said securities or other property shall not have been used by you in
<br />payment of any indebtedness due and you from the client.
<br />I agree that the assertion or enforcement by you of said lien or of said right to transfer my equity, securities or other property shall neither
<br />release nor affect this guaranty or my liability for the indebtedness guaranteed. I agree that any proceedings on your part to enforce this
<br />guaranty shall not cancel, release or otherwise affect the above lien or your right to transfer my equity, securities or other property, but that
<br />you shall at all times have and possess both remedies, as well as any other remedies, at law or in equity, for your full protection, all or any of
<br />which you may pursue concurrently.
<br />I agree that no agreement on your behalf to waive or modify this guaranty or any provision thereof shell be valid or binding unless evidenced
<br />by a writing signed by a partner of your firm.
<br />I agree that this guaranty and its enforcement shall be governed by the laws of the State of New York, and shall inure to the benefit of your
<br />successors and assigns, and shall be binding on the undersigned, my heirs, executors, administrators and assigns. Any controversy arising
<br />out of or relating to my account, to transactions with or for me or to this Agreement or the breach thereof, and whether executed or to be
<br />executed within or outside of the United States, except for any controversy with a public customer for which a remedy may exist pursuant to
<br />an express or implied right of action under the federal securities laws, and any controversy arising out of or relating to transactions in
<br />commodities or contracts related thereto executed on or subject to the rules of a contract market designated as such under the Commodity
<br />Exchange Act, as amended, shall be settled by arbitration in accordance with the rules then obtaining of either the American Arbitration
<br />Association or the Board of Governors of the New York Stock Exchange as I may elect. If I do not make such election by registered mail
<br />addressed to you at your main office within five (5) days after demand by you that I make such election, then you may make such election.
<br />Notice preliminary to, in conjunction with, or incident to such arbitration proceeding, may be sent to me by mail and personal service is
<br />hereby waived. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof, without notice
<br />to me.
<br />Whenever the first person singular is used herein, it shall include the plural, and if this guaranty is signed by more than one individual, our
<br />liability hereunder shall be joint and several.
<br />This guaranty shall inure to the benefit of your firm as now constituted and to any successor firm or firms that may take over or continue your
<br />business and/or any of the guaranteed accounts and to the individual partners and assigns of your firm or of any such successor firm and
<br />their respective legal representatives, and shall be binding on me, and on my estate and legal representatives in the event of my death or
<br />incapacity, and whether or not an executor, administrator, guardian, committee, trustee, or other representative has been appointed for my
<br />estate.
<br />Wltnew my hand and seal this 29th
<br />State of
<br />County of
<br />}ea.:
<br />u. TINA
<br />r :•
<br />Notary On this 29th day of March , 19 RE. before me personalty appeared Margaret A.
<br />Seal Rpr ebl l B , to me known and known to me to be the individual described in and who executed the foregoing
<br />instrument, and duly a knowledged to me thatshe executed the same. for the C1 ty of Col ton.
<br />5-24-88
<br />Notary sign here Commission expires
<br />Form 2113E-3
<br />
|