Where can I find the Guaranty of Performance for Anago?

[Item 23: RECEIPTS]

You hereby irrevocably submit to the jurisdiction of the (enter applicable court in Your State) (or its successor) in and for Xxxx County, State, and any appellate court thereof in any action or proceeding arising out of or relating, directly or indirectly, to the Guaranty.

You hereby irrevocably waive, to the fullest extent You may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding and any right to jurisdiction on account of Your place of residence or domicile.

You agree that a final judgment in any such action or proceeding shall

be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

• 1. Waiver of Right to Jury Trial. GUARANTOR expressly waives the right to a trial by jury for any claims relating directly or indirectly to this Guaranty and/or the Anago Agreements, the negotiation of the Guaranty and/or the Anago Agreements, or the business relationship relating to or arising out of the Guaranty and/or the Anago Agreements.
• 1. Severability. If one or more provision contained in this Guaranty shall be invalid, illegal or unenforceable, in any respect under the laws of any jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

By signing below, the undersigned spouse of each Guarantor indicated below, acknowledges and consents to the guaranty given herein by his/her spouse. Such consent also serves to bind the assets of the marital estate to Guarantor's performance of this Guaranty. We confirm that a spouse who signs this Guaranty solely in his or her capacity as a spouse (and not as an owner) is signing merely to acknowledge and consent to the execution of the Guaranty by his or her spouse and to bind the assets of the marital estate as described therein and for no other purpose (including, without limitation, to bind the spouse's own separate property).

You now execute this Guaranty on the date shown above

[Item 23: RECEIPTS]

• 1. GUARANTOR'S Covenants, Representations and Guaranty. In consideration of and as an inducement to the execution of the Franchise Agreement by FRANCHISOR, you hereby personally, irrevocably and unconditionally:
  • a. represent and warrant to FRANCHISOR that the exhibits/attachments to the Franchise Agreement are accurate and complete;
  • b. guarantee the prompt payment and performance of all Obligations (as hereinafter defined) of SUBFRANCHISOR under the Anago Agreements;
  • c. agree to be personally bound by, and personally liable for the breach of, each and every provision in the Franchise Agreement and each and every provision in any of the Anago Agreements, as if you were the SUBFRANCHISOR; and

d. agree not to divert any assets to other parties in order to avoid any debt covered by this Guaranty.

The term "Obligations" means the payment of all debts, liabilities and obligations of SUBFRANCHISOR to FRANCHISOR arising under the Anago Agreements, whether direct, indirect, absolute, contingent, matured or unmatured, extended or renewed, wherever and however incurred, together with all costs of collection, compromise and enforcement, including reasonable attorneys' fees, and the prompt performance of each and every covenant, agreement and condition set forth in any of the Anago Agreements.

Waivers by GUARANTOR.

You hereby waive:

• a. acceptance and notice of acceptance by FRANCHISOR of the foregoing Guaranty;

• b. notice of demand for payment of any indebtedness or nonperformance by SUBFRANCHISOR of any indebtedness or nonperformance by SUBFRANCHISOR of any of the Obligations;

• c. presentment or protest of any instrument and notice thereof; and notice of default or intent to accelerate with respect to the indebtedness or nonperformance of any of the Obligations;

• d. any right you may have to require that an action be brought against SUBFRANCHISOR or any other person as a condition of liability;

• e. the defense of the statute of limitations in any action hereunder or for the collection or performance of any Obligation;

[Item 23: RECEIPTS]

c. agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Unit Franchise Agreement and each and every provision in any of the Anago Agreements, as if You were the UNIT FRANCHISEE.

The Term "Obligations" means the payment of all debts, liabilities and obligations of UNIT FRANCHISEE to SUBFRANCHISOR arising under the Anago Agreements, whether direct, indirect, absolute, contingent, matured or un-matured, extended or renewed, wherever and however incurred, together with all costs of collection, compromise and enforcement, including reasonable attorneys' fees, and the prompt performance of each and every covenant, Agreement and condition set forth in any of the Anago Agreements.

3. Waivers by GUARANTOR. You hereby waive:

• a. acceptance and notice of acceptance by SUBFRANCHISOR of the foregoing guaranty;
• b. notices of demand for payment of any indebtedness or nonperformance by UNIT FRANCHISEE of any indebtedness or nonperformance by UNIT FRANCHISEE of any of the Obligations;
• c. presentment or protest of any instrument and notice thereof; and Notice of Default or intent to accelerate with respect to the indebtedness or nonperformance of any of the Obligations;
• d. any right You may have to require that an action be brought against UNIT FRANCHISEE or any other person as a condition of liability;
• e. the defense of the statute of limitations in any action hereunder or for the collection or performance of any Obligation;
• f. any and all rights to payments, indemnities and claims for reimbursement or subrogation that You may have against UNIT FRANCHISEE arising from Your execution of and performance under this Guaranty;
• g. any defense based on any irregularity or defect in the creation of any of the Obligations or modification of the terms and conditions of performance thereof;
• h. any defense based on the failure of SUBFRANCHISOR or any other party to take, protect, perfect or preserve any right against and/or security granted by the UNIT FRANCHISEE or any other party; and
• i. any and all other notices and legal or equitable defenses to which You may be entitled.

4. Further Agreements and Understandings. You hereby consent and agree that:

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This Guaranty will continue in full force and effect for and as to any extension of or modification or amendment to the Unit Franchise Agreement and/or any other of the Anago Agreements and You waive notice of any and all such extensions, modifications or amendments;

• i.

Your liability hereunder will not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence, or any waiver that SUBFRANCHISOR may from time to time grant to UNIT FRANCHISEE or to any other person, including without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims (including the release of other owners or guarantors), or the taking of any action by SUBFRANCHISOR which may have the effect of increasing Your obligations, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the Term of the Unit Franchise Agreement and so long as any performance is or may be owed under any of the Anago Agreements by UNIT FRANCHISEE or its owners and so long as SUBFRANCHISOR may have any cause of action against UNIT FRANCHISEE or its owners; and

• j.

Any and all present and future debts and obligations of the UNIT FRANCHISEE to You or any other GUARANTORS are hereby subordinated to the full payment and performance of the Obligations.

Submission to Arbitration.

You acknowledge that the UNIT FRANCHISEE has, under the Unit Franchise Agreement, agreed to submit disputes to arbitration.

You agree that all disputes arising under or involving this Guaranty shall be submitted to arbitration as described in Section 18.11 of the Unit Franchise Agreement.

Choice of Law; Jurisdiction and Venue.

This Guaranty, and any claims related thereto, shall be governed by and construed in accordance with the laws of the state of State.

You hereby irrevocably submit to the jurisdiction of the (enter applicable court in Your State) (or its successor) in and for Xxxx County, State, and any appellate court thereof in any action or proceeding arising out of or relating, directly or indirectly, to the Guaranty.

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 62)