Other

TXR 2109 — Commercial Lease Guaranty

A personal or corporate guaranty in which one or two guarantors guarantee the tenant's performance under the identified commercial lease: the guarantor makes any payment the tenant fails to make, is responsible for property damage the tenant is responsible for, and cures any tenant breach or compensates the landlord for the loss. The guaranty survives modification, amendment, renewal, extension, breach and the tenant's bankruptcy; guarantors are jointly and severally liable, Texas law governs, the prevailing party recovers attorney's fees, the landlord may obtain the guarantor's credit report, and the guarantor provides current financial information within 30 days of a request (no more than once every 12 months). Special provisions, then each guarantor signs with printed name, address, phone, fax, SS# or Tax ID# and a witness.

Source: TXR
Form Number: 2109
Category: Other
Revised: January 26, 2010

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2109 form is organized into the following sections:

  1. Guaranty Header
    "GUARANTY TO COMMERCIAL LEASE CONCERNING THE LEASED PREMISES AT ___ between ___ (Landlord) and ___ (Tenant)." — identify the lease exactly as it reads.
  2. A. Guaranty of Performance
    In consideration for Landlord leasing the leased premises to Tenant, the undersigned Guarantor (whether one or more) guarantees Tenant's performance under the lease.
  3. B. Scope of Guarantor Obligations
    Guarantor promptly makes any payment Tenant fails to make, is responsible for property damage Tenant is responsible for, and on a breach either cures it or compensates Landlord for the loss.
  4. C. Unconditional and Continuing Guaranty
    The guaranty survives modification, amendment, renewal, extension or breach of the lease and Tenant's bankruptcy; Guarantor waives notices; guarantors are jointly and severally liable; binding on heirs and assigns.
  5. D. Governing Law and Attorney's Fees
    Texas law governs; the prevailing party in any legal proceeding recovers attorney's fees.
  6. E. Credit Report Authorization
    Guarantor authorizes Landlord to obtain Guarantor's consumer or credit report and to verify creditworthiness with banks, creditors, employers, landlords and others.
  7. F. Financial Information
    Guarantor provides current financial information (balance sheet and income statement) within 30 days after Landlord's request, no more often than once every 12 months.
  8. G. Special Provisions
    Space for additional guaranty terms beyond the standard provisions.
  9. Guarantor Execution
    Two Guarantor blocks side by side: Signature, Printed Name, Address (two lines), Phone, Fax, SS# or Tax ID#, Date, and a Witness line. Signatures and dates are e-sign tabs placed when the document is sent; the Witness signs by hand.

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