In consideration of credit being extended by Garner Building Supply, Inc. to the above named applicant (“Applicant”) for merchandise to be purchased by Applicant, which is hereby acknowledged as a personal benefit to the undersigned guarantor (“Guarantor”), Guarantor personally, individually and jointly and severally guarantees to Garner Building Supply, Inc. the faithful payment, when due, of all current and future accounts of Applicant. Guarantor acknowledges that Garner Building Supply, Inc. is relying on this Guaranty in extending credit to Applicant. Guarantor hereby expressly waives all notice of acceptance of this Guaranty, notice of extension of credit to Applicant, presentment, and demand for payment on Applicant, protest and notice to Guarantor of dishonor or default by Applicant or with respect to any security held by Garner Building Supply, Inc., extension of time of payment to Applicant, acceptance of partial payment or partial compromise, all other notices to which Guarantor might otherwise be entitled, and demand for payment under this Guaranty. The Guarantor agrees to immediately reimburse Garner Building Supply, Inc., without demand, for all costs, maximum attorneys’ fees allowed by law and all other expenses incurred in the enforcement of this Guaranty and/or the collection of any indebted- ness owed to Garner Building Supply, Inc. by Applicant. Garner Building Supply, Inc. shall have the right to enforce this Guaranty irrespective of whether or not proceedings or steps are being taken against any other party primarily, secondarily, or otherwise liable for the indebtedness. Guarantor understands this Guaranty is a guarantee of this entire account, and not a specific amount, as Guarantor understands the credit limit may be increased by Garner Building Supply, Inc. from time to time. Guarantor guarantees all debt on this account. Any revocation of this Guaranty shall be in writing and delivered to the President of Garner Building Supply, Inc., at its office in Rogers, AR. Revocation shall not affect Guarantor’s liability for debt incurred prior to such revocation. Date*
Applicant, in consideration for the extension of credit to Applicant and as an inducement to Garner Building Supply, Inc.to grant such credit, represents and warrants that all information provided is true and correct, and that no unfavorable information has been omitted from this Application. Applicant also represents and warrants that Applicant is solvent and has no pending lawsuits and/or unsatisfied judgments. Applicant authorizes the release of any information to Garner Building Supply, Inc. and specifically authorizes Garner Building Supply, Inc. to investigate any claims made therein or herein. By signing this Agreement, Applicant is indicating the desire to apply for credit from Garner Building Supply, Inc. and agrees to abide by the terms and conditions of this Agreement. Applicant agrees that the extension of credit hereunder is conditioned on the approval of Garner Building Supply, Inc., who reserves the right to increase, modify. or terminate the credit limit in its sole discretion. Applicant understands the account balance is due and payable in full by the 10th of the following month and that any outstanding balance is subject to finance charges interest and will accrue interest at the maximum rate allowed by law. Garner Building Supply, Inc. is hereby specifically authorized to report to proper persons and/or bureaus on the performance of this Agreement in exchange for the extension of credit. Applicant waives all notices of demand, protest, extensions, and default and hereby agrees, without demand, to immediately reimburse Garner Building Supply, Inc. for all costs, attorneys’ fees, and other expenses incurred in the enforcement of this Agreement and/or the collection of any indebtedness of Applicant owed to Garner Building Supply, Inc.. This Agreement is governed by the laws of the state of Arkansas.