INDIVIDUAL PERSONAL GUARANTY
The undersigned guarantor(s), for and in consideration of SHD extending credit at my/our request to the Customer named above, in which I/we have a financial interest, jointly, severally and unconditionally personally guarantee prompt payment and performance of any obligations Customer to SHD whether now existing or hereinafter made, and further agree to bind myself/ourselves to pay on demand any sum which is due by Customer to SHD whenever Customer fails to pay the same. It is understood that this guaranty shall be absolute, continuing and irrevocable for such indebtedness of Customer. I/We expressly waive presentment, demand, protest, my/our homestead exemption as to this debt, notice of protest, dishonor, diligence, maturity, default or nonpayment, acceptance of this guaranty, extending of any guaranteed indebtedness already or hereafter contracted for by Customer, any modifications or renewals of any credit agreement evidencing the indebtedness hereby guaranteed and all setoffs and counterclaims. If collection of amounts due requires the assistance of a collection agency or attorneys, suit is brought hereon, or it is enforced through any judicial proceeding whatsoever, I/We agree (a) that SHD reserves the right to bring legal action in whatever jurisdiction SHD deems necessary, whose laws, at the option of SHD, shall govern this Agreement, and (b) to pay all costs and expenses of collection, including reasonable attorney’s fees not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing, plus all other reasonable expenses incurred by SHD in exercising any of SHD’s rights and remedies. The Undersigned recognizes the obligation of the Applicant and the undersigned and agrees to hold the portion of all payments received by Applicant which include payment to Applicant for the rent and/or purchase of equipment and supplies furnished by SHD pursuant to this agreement to be held in a separate trust account for payment to SHD. The undersigned agrees to act as fiduciary for payment to SHD and agrees that Applicant shall not use said payments for any other purpose, in exchange for the Applicant’s ability to rent and/or purchase equipment and supplies on a credit account. The undersigned agrees that any failure to hold payments in trust for SHD shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 USC 523 (a)(4) and (6). The undersigned represent that (i) the information contained in this Agreement is a true and correct statement of the financial condition of Customer; and (ii) a photo or facsimile copy of this Agreement shall be valid as the original. If any part of this Agreement is held unenforceable, the remainder of this Agreement shall not be affected thereby. The undersigned hereby waives the right to a jury trial of any or all claims or disputes which may arise from this Agreement. SHD shall not be required to exhaust all remedies against Customer prior to exercising its rights against Guarantor(s). I/We authorize SHD to make whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade reference(s) can accept this authorization to disclose to SHD and/or their respective designees (and any assignee or potential assignee thereof), Guarantor(s) information normally released to a prospective creditor including: length of time account has been active, average monthly balances, how the account has been handled, and details of any lending relationship. This application and the agreement, contained herein may be delivered through the use of electronic means, including pdf, email and/or facsimile. Delivery of an electronic version shall be deemed to be delivery of an original.