Arizona Personal Guaranty — General is a legally binding contract that serves as a form of security for lenders or creditors. In this agreement, an individual agrees to assume responsibility for the debt or obligations of another party, known as the principal borrower, in case of default or non-payment. The Arizona Personal Guaranty — General provides added protection to lenders by ensuring that they can recourse to another party's assets if the principal borrower fails to fulfill their obligations. Unlike specific types of personal guaranty agreements that are tailored for specific transactions or contracts, the Arizona Personal Guaranty — General is a versatile document that can be used across various financial arrangements and types of debts. It offers a broad scope of coverage, making it applicable to a wide range of situations such as personal loans, business loans, lease agreements, credit card debt, and more. The key elements of an Arizona Personal Guaranty — General typically include: 1. Parties involved: The agreement identifies the individual assuming the responsibility of the guarantor and the principal borrower. 2. Debt or obligations: It outlines the specific debt, loan, or contractual obligation being guaranteed. This may include the initial principal amount, interest rates, repayment terms, and any other relevant terms. 3. Guarantee clause: The guarantor explicitly states their willingness to guarantee the principal borrower's obligations and assumes personal liability for their repayment in the event of default. 4. Joint and several liabilities: The Arizona Personal Guaranty — General often holds the guarantor jointly and severally liable, meaning the lender can pursue the guarantor individually for the full amount owed without having to first exhaust remedies against the principle borrower. 5. Waiver of defenses: It may include provisions where the guarantor waives certain rights and defenses such as requiring the lender to pursue other remedies against the principle borrower first or seeking reimbursement from other sources. 6. Governing law and jurisdiction: The agreement specifies that it is governed by Arizona state laws and determines the jurisdiction where any disputes arising from the guarantee will be resolved. In addition to the general personal guaranty, there may be various specific types of personal guaranties used in Arizona, such as: 1. Limited Guaranty: This type of guaranty establishes a cap on the liability of the guarantor. They are only responsible for a specific maximum amount, beyond which their obligation ceases. 2. Continuing Guaranty: This guaranty is ongoing and remains in effect until explicitly terminated or released by the lender. It covers both existing and future debts or obligations of the principal borrower, providing a broader scope of coverage. 3. Payment Guaranty: The guarantor commits to making direct payments to the lender in the event of default by the principal borrower, without requiring the lender to first exhaust other avenues of collection. In conclusion, the Arizona Personal Guaranty — General is a versatile agreement that offers lenders additional security by obligating another party, the guarantor, to repay the debts or fulfill the obligations of the principal borrower. It provides an effective means of mitigating risks associated with lending, irrespective of the specific type of debt or contractual arrangement.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.