Can the lender release any co-signer on the Beverly Anns Cookie loan?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, Eagle Financial Services, Inc. has certain rights regarding loan waivers and consent. Specifically, Eagle Financial Services, Inc. may release any co-signer of the loan. This right is subject to federal law.
Beverly Anns Cookie franchisees should note that they, along with any party involved in the loan, consent to actions Eagle Financial Services, Inc. may take. They also generally waive defenses based on these actions or the status of a party to the Promissory Note. This includes the lender's ability to release any borrower, endorser, guarantor, surety, accommodation maker, or any other co-signer.
This clause protects Eagle Financial Services, Inc. by ensuring that borrowers cannot later claim they were unaware of or did not consent to such actions. Prospective Beverly Anns Cookie franchisees should carefully review the terms of the promissory note and loan documents to fully understand their obligations and the lender's rights. It is advisable to seek legal counsel to clarify any concerns before signing any agreements.