www.BigTexTrailers.com 950 I-30 East Mt. Pleasant, TX 75455

950 I-30 East
Mt. Pleasant, TX 75455
Phone: (903) 575-0300
Fax: (800) 577-8858
Thank you for your interest in becoming an authorized dealer for Big Tex Trailers! We
are very excited that you have chosen Big Tex over other manufacturers. Before we can
process your account, we will need each of the following items returned to us:
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Big Tex Trailers Dealer Application- Please Fill Out Completely
A Copy of Your Sales Tax Permit For Your State
A Copy of Your Dealer License
A Signed Agreement of Guaranty
Once we have received this information from you, we can begin processing your account
as well as provide you with Dealer Pricing Information and an Initial Inventory Plan.
Please feel free to contact myself if you have any questions or need any additional
information. Thanks again, we look forward t hearing from you soon!
Thank You,
Johnathan W. Bradley
New Dealer Sales Manager
Big Tex Trailers, Inc.
Email: [email protected]
Office: (903) 575-0300; ext. 2189
Direct: (903) 434-4189
Mobile: (903) 563-0944
www.BigTexTrailers.com
AGREEMENT OF PERSONAL GUARANTY
This is an AGREEMENT OF PERSONAL GUARANTY (''Guaranty'') wherein the undersigned Guarantor(s) agree to Guarantee payment of the herein
described “Guaranteed Indebtedness” to BIG TEX TRAILER MANUFACTURING, INC., a Texas corporation, referred to in this Guaranty as
“Manufacturer” in consideration of Manufacturer extending to ________________________________________________________ (“Buyer”) the privilege of
purchasing Manufacturer’s product from time to time creating an indebtedness owed to Manufacturer for the purchase of said product. Manufacturer’s product
consists of various types of trailers and other types of equipment and accessories including but not limited to utility, flatbed, cargo, livestock, horse, dump,
landscaping, and gooseneck trailers of various models, and truck beds, and related parts and accessories.
In acknowledgment of the fact that Buyer is, or may become, indebted to Manufacturer for the purchase of Manufacturer’s product, and for valuable
consideration, the receipt and adequacy of which are acknowledged, the undersigned Guarantors, by execution of this Guaranty, guarantee to Manufacturer the
prompt payment of, when due, and at all times after said sums become due, the Guaranteed Indebtedness as defined below in Paragraph 1 of this Guaranty on the
following terms and conditions:
1.
The term ''Guaranteed Indebtedness,'' as used in this Guaranty, includes:
(a)
All indebtedness of Buyer to Manufacturer of every kind and character, without limitation and without limit in amount, whether now existing or
arising after the date of execution of this Guaranty, regardless of whether the indebtedness is evidenced by or arises from an invoice, negotiable instrument (check or
otherwise) or other agreement or other contractual or course of dealing arrangement by and between Buyer and Manufacturer, letter of credit, notes, drafts,
acceptances or otherwise, and whether such indebtedness be fixed, revolving, on an open account, contingent, joint, several, or joint and several. By way of
clarification and not limitation, the term includes, all indebtedness now existing or arising after date of execution of this Guaranty.
(b)
Interest on any of the indebtedness described in subparagraph 1(a) above;
(c)
Any and all costs, attorneys' fees, and expenses incurred by Manufacturer because of Buyer’s default in payment of any such indebtedness; and
(d)
Any renewal, extension or modification of the indebtedness, costs, or expenses described in subparagraphs 1(a) through 1(c) above or
agreements evidencing same, including modifications as to the time for or terms of payment, including renewals and extensions.
2.
This instrument is an absolute and continuing guaranty, and the fact that at any particular time or times the Guaranteed Indebtedness may be paid in
full, shall not affect the obligation of Guarantors with respect to indebtedness of Buyer to Manufacturer incurred after such payment in full.
3.
The rights of Manufacturer under this Guaranty will be cumulative of any and all other rights that Manufacturer may ever have against Guarantors. The
exercise by Manufacturer of any right or remedy under this Guaranty or under any other instrument, or at law or in equity, will not preclude the concurrent or
subsequent exercise of any other right or remedy.
4.
In the event of default by Buyer in payment of the entire or any part of the Guaranteed Indebtedness when the Guaranteed Indebtedness becomes due,
Guarantors will, on demand and without further notice of any kind, pay the amount due to Manufacturer, and in order to enforce such payment by Guarantors, it will
not be necessary for Manufacturer, to first institute suit or exhaust its remedies against Buyer or others liable on such indebtedness, or to enforce its rights against
any security that shall ever have been given to secure the Guaranteed Indebtedness.
5.
In the event of default by Buyer, Guarantors expressly waive any requirements that Manufacturer give prior notice to Guarantor(s) before proceeding
against Guarantor(s) to collect the Guaranteed Indebtedness.
6.
This guaranty is binding not only on Guarantors, but on Guarantors= heirs, personal representatives, agents, directors, officers, members, partners,
successors, and assigns, and, if this guaranty is signed by more than one person and/or entity, then all of the obligations of Guarantors arising under this Guaranty
will be jointly and severally binding on each of the undersigned, and their respective heirs, personal representatives, agents, directors, officers, members, partners,
successors, and assigns.
7.
Guarantors represent that Guarantors are the owner of a direct or indirect interest in Buyer and that Guarantors will receive a direct and material benefit
from the creation or existence of the Guaranteed Indebtedness.
8.
This guaranty is executed and delivered as an incident to an existing or prospective contractual or course of dealing arrangement negotiated,
consummated, and performable in Titus County, Texas, or at one or more of Manufacturer’s locations, and will be governed by and construed according to the laws
of the State of Texas and venue of any action necessary to enforce this Guaranty shall be in a court of competent jurisdiction in Mt. Pleasant, Titus County, Texas or
if properly the subject of federal jurisdiction, venue of any action may, if Manufacturer elects, be in the United States District Court, Eastern District of Texas,
Texarkana Division.
NOTICE
THIS WRITTEN GUARANTY AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AS TO THE SUBJECT
MATTER CONTAINED HEREIN, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT
ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
GUARANTOR(S):
__________________________________________
Signature
__________________________________________
Signature
__________________________________________
Printed Name
__________________________________________
Printed Name
___________________________________________
Address
___________________________________________
Address
__________________________________________
Telephone Number
__________________________________________
Telephone Number
__________________________________________
E-mail Address
__________________________________________
E-mail Address
Date Signed: ________________________________
Date Signed: _________________________________
09-2010