Preview
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt #
Book Page
Return To: No. Pages: 7
JOHN KEVIN MCANDREW
1900 Bausch & Lomb Place Instrument: EXHIBIT(S)
Rochester, NY 14604
Control #: Unrecorded #9764855
Index #: Unassigned-1601962
Date:
TOMPKINS COMMUNITY BANK Time:
TOWPATH MOTEL, INC.
PATEL, SHAILESH N.
PATEL, MICKY S.
S & A HOSPITALITY INC.
New York State Department of Taxation and Finance
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
• •
I I
{9057965: }
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
GUARANTY OF PAYMENT AND PERFORMANCE
In order to induce THE BANK OF' CASTILE, a New York banking corporation, with an
address of 133 North Center Str~et, Perry, New York 14530 ("Lender") to make a certain loan or
loans in the aggregate principal sum of THREE HUNDRED NINETY-FIVE THOUSA.l'l'D AND
NO/lOODOLIARSU.S.($395,000.00),(the"Loan")toTOWPATHMOTEL,INC.,aNewYork
corporation duly organized and validly existing under the laws of the. State of New Yark, having an
office located at 10 Falconbridge Drive, Pittsford, New York 14534 ("Borrower"), and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
SHAILESH N. PATEL, residing at 10 Falconbridge Drive, Pittsford, New York 14534 and
MICKY S. PATEL, residing at 10 Falconbridge Drive, Pittsford, New York 14534, S & A
HOSPITALITY INC., a New York corporation duly organized and validly existing under the laws
of the State of New York, having an office located at 10 Falconbridge Drive, Pittsford, New York
14534, (collectively, the "Guarantor") hereby Gointly and severally ifmore than one person or entity
signs this guaranty) covenants and agrees with the Lender as follows:
. I
1. Guarantor hereby guarantees to Lender: (a) the full and prompt payment, when due,
whether accelerated oi· not, of any and all indebtedness, liabilities, and obligations of every nature
and kind, of the Borrower to the Lender evidenced by any notes executed and delivered to Lender
by Borrower in connection \vith the Loan, (the "Notes(s)"), (b) the prompt payment of all sums
which may become due and payable to Lender under the provisions of the documents executed and
delivered to Lender in connection with the Loan (the "Loan Documents"), ( c) the due and punclual
performance and observance of all of Borrower's other covenants and obligations under the Loan
Documents, and (d) the prompt payment of any and all costs and expenses which Lender may incur
by reason of any default by Borrower under the Loan Documents or in connections with the
collection of the indebtedness evidenced by any Note(s ), the foreclosure or other enforcement of the
Mortgages or oLher Loan Documents or the collection or enforcement of this Guaranty of Payment
and Performance ("Guaranty") including, but not limited to, reasonable legal fees and disbursements.
2. Guarantor acknowledges that this is a guaranty of payment and not of collection that
Lender shall not be required to commence any action, suit or proceeding to foreclose any Mortgage
or to pursue or exhaust any other rights or remedies it may have against Borrower under the Loan
Documents prior to making demand upon Guarantor for payment under the terms of this Guaranty.
3. Guarantor waivers (a) notice of acceptance of this Guaranty by Lender and of any
action by Lender in reliance thereon, (b) presentment for payment, demand, protest, notice of protest
and notice of dishonor and any and all lack of diligence or delays in the collection or enforcement
of the indebtedness evidenced by the Notes(s), (c) any and all exemption rights and the benefit of
all valuation and appraisal privileges as against said indebtedness ,or any renewal or extension
thereof, ( d) the right to trial by jury in any action, suit or proceeding brought by Lender with respect
to this Guaranty, and (e) the right to assert in any action, suit or proceeding any defense, claim,
I
counterclaim or set off which any Guarantor or Borrower may have against Lender arising out of any
unrelated cause of action.
4 Lender may, at any time and from time to time, without the consent of or notice to
Guarantor and without in any way releasing or discharging Guarantor from its liability hereunder,
I!
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
(a) modify or amend any of the tenns or provisions of the Loan Documents, (b) extend the time for
payment of the indebtedness evidenced by the Notes(s), ( c) exchange or release all or any part of the
collateral securing the Notes(s), and (d) grant any other indulgence, forbearance or waiver
whatsoever. No delay on the part of the Lender in exercising any of its rights or remedies under the
Loan Documents and no partial or single exercise thereof shall constitute or be deemed to be a
waiver of any of Lender's rights hereunder.
5. In the event that Guarantor shall advance or become obligated to pay any .;;ums
pursuant to this Guaranty, or in the event that for any other reason Borrower shall hereafter become
indebted to Guarantoi:~ the amount of such advance; obligation or indebtedness shall at all times be
and remain subject and subordinate to all amounts due and owing to Lender under the Loan
Documents. Nothing contained herein is intended nor shall be construed to give Guarantor any right
of subrogation in or under the Loan Documents, or any right to participate in any way therein,
notwithstanding any payments made by them under this Guaranty, all such rights of subrogation and
participation being hereby expressly waived and released; provided , however, that if Guarantor shall
pay to Lender, pursuant to the terms of this Guaranty, (a) the entire unpaid principal amount
evidenced by the Notes(s), together with all accrued and unpaid interest thereon and any late
payment charges and prepayment premiums, (b) all other sums which have become due and payable
to Lender under the provisions of the Loan documents, and (c) all costs and expense which Lender
has incurred by reason of any default by Borrower under the Loan Documents or in connection with
the collection of the indebtedness .evidenced by the Notes(s), the for~closure or other enforcement
of the Mortgage or the other Loan Documents or the collection or enforcement of this Guaranty,
Guarantor shall be entitled to receive from Lender (i) the Note(s) (endorsed without recourse as to
Lender) and (ii) an unconditional, non-participating assignment without recourse in recordable form
of all of the Lender's right, title and interest in and lo the Loan Documents.
6. This Guaranty shall remain in full force and effect notwithstanding, (a) the invalidity
orun-enforceability of any of the terms or provisions of the Loan Documento;, (b) the dissolution and
liquidation of Borrower, (c) the death or legal incapacity of any Guarantor, (d) the release or
discharge, in whole or in part, of Borrower or any Guarantor in any bankruptcy, insolvency,
reorganization, arrangement, readjustment, composition, liquidation orsimilar proceeding, or ( e) any
other circumstances which might otherwise constitute a legal or equitable release or discharge, in
whole or in part, of Borrower under the Note(s) or a legal or equitable release or discharge, in whole
or in part, of any Guarantor under this Guaranty.
7. The liability of the Guarantor hereunder shall be joint and several, direct, immediate,
absolute, continuing, unconditional and unlimited until the indebtedness evidenced by the Note(s)
or guaranteed hereunder has been paid in full. After the payment of said indebtedness, Guarantor
agrees to remain liable hereunder for any part of such payments which may thereafter be recovered
from Lender for any reason whatsoever, including, without limitation, as a preferential transfer or
fraudulent conveyance under the Federal Bankruptcy Code or any applicable state law, together with
any and all costs and expenses which Lender may incur in Lhe defense against any such claims,
including, but not limited to, reasonable attorneys' fees and disbursements.
2
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
8. Individual Guarantor agrees to furnish Lender at its request and at reasonable intervals
from time to time, on Lender's standard forms updated information concerning its current financial
condition. Without limit, Guarantor shall provide to Lender no later than ninety (90) days after the
end of each calendar year, true; accurate and complete copies of Guarantor's state and federal income
tax returns of the immediately preceding year, including all K-1 's and W-2's, together with a true and
accurate updated personal financial statement on Lender's then current form of personal financial
statement, duly completed and certified by Guarantor.
Entily Guarantor agrees to furnish Lender at its request and at reasonable intervals from time to time,
on Lender's standard forms updated information concerning its current financial condition. Without
limit Guarantor shall provide Lender as follows: (i) each entity Guarantor will furnish to Lender
annually, within ninety (90) days ofFiscal Year End: annual financial Statements, which should be
at least compilation quality, and Annual State and Federal Tax Returns; inclusive of all schedules;
and (ii) each individual Guarantor shall provide to Lender no later than ninety (90) days after the
end of each calendar year, true, accurate and complete copies of Guarantor's federal income tax
returns of the immediately preceding year, including all K-l's and W-2's, together with a true and
accurate personal financial statement on Lender's then current form of personal financial statement,
duly completed and certified by Guarantor.
9. Any notice, request or demand which Lender is required to give to Guarantor hereunder
shall be in writing and shall be deemed to have been duly given or made if delivered personally to
Guarantor or sent to the address first shown above for each party by registered or certified mail
or by overnight or same day courier, return receipt required, and shall be deemed given on the
date two (2) days after it is postmarked, properly addressed and deposited in the mail, or when
received if given by courier.
Each party may designate a change of address by written notice to the other party, given in the
manner required herein for notices.
10. This Guaranty may not be modified, amended or revoked without the prior written
· com;ent of Lender. No oral or written representation by any party'shall be used to construe or
interpret this Guaranty. .
11. This Guaranty shall be governed by a!ld construed in accordance with the laws of the
Stale of New York. If any provision of this Guaranty shall be or become illegal or unenforceable
in whole or in part for any reason whatsoever, the remain provisions shall nevertheless be deemed
valid, binding, and subsisting.
12. This Guaranty may be executed in multiple counterparts, each of which whe11 signed
and delivered shall be deemed to be an original and ·au
of which counterparts, taken together, shall
constitute but one and the same instrument. It shall not be necessary in making proof of this
agreement to produce or account for more than one such counterpart.
13. This Guaranty shall be binding (jointly and severally if mote than one person or
entity signs this guaranty) upon Guarantor and its or their respective executors, administrators,
3
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
distriburees, legal representatives and fiduciaries and shall inure to the benefit of Lender, its
successors and assigns and all subsequent holders of the Note(s) and other obligations guaranteed.
The masculine gender, whenever used herein, shall include the feminine, the feminine shall include
the masculine, the neuter shall include both the masculine and feminine; and the singular shall
include the plural wherever appropriate.
[Signature Page to Follow]
4
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024
IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed and
delivered as of this 8th day of November, 2018.
AJJi /V (JJI.
SHAILESH N. PATEL
1t4·cp\ i.
MICKY S; PATEL
r~
S & A HOSPITALITY INC.
By: . /8_~_,_·_ __
_dJ'----1/,,fl--'-fll_
SHAILESH N. PATEL, President
STATE OF NEW YORK )
COUNTY OF MONROE ) ss.:
On the 8 111 day of November in the year 2018 before me, the undersigned, a notary public in
and for said state, personally appeared Shailesh N. Patel, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
mcutod the ;ns!run\§l'EvEN J. PHETERSON ~
Notary Public, State of New York
Quallfied In Monroe County · .
Commission Expires August 31, 20 'J-{ NOtafYbliC
STATE OF NEW YORK )
COUNTY OF MONROE ) ss.:
On the 8 1" day of November in the year 2018 before me, the u,ndersigned, a notary public in
and for said state, personally appeared Micky S. Patel, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity and that by her
signature on the inst:rllment, the individual, or the person upon behalf of which the individual acted,
executed tbe instrui&1.ifiYEN J. PHETERSON
Notary Public, State of New York
Qualified in Monroe County "f(.
Commission Expires August 31, 20£
STATEOFNEWYORK )
COUNTY OF MONROE ) ss.:
On the 81l' day of November in the year 2018 before me, the undersigned, a notary public in
and for said state, personally appeared Shailesh N. Patel, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument. . . ~)~.. _
STEVENJ.PHETERSON ~~~·~·-1-1---.16'--~~~~~~~
Notary Public, State of New York ~ u~
I
Quallfled In Monroe county ? (
Commission Expires August 31, 20''::; ·
Preview
FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # Book Page Return To: No. Pages: 7 JOHN KEVIN MCANDREW 1900 Bausch & Lomb Place Instrument: EXHIBIT(S) Rochester, NY 14604 Control #: Unrecorded #9764855 Index #: Unassigned-1601962 Date: TOMPKINS COMMUNITY BANK Time: TOWPATH MOTEL, INC. PATEL, SHAILESH N. PATEL, MICKY S. S & A HOSPITALITY INC. New York State Department of Taxation and Finance Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 • • I I {9057965: } FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 GUARANTY OF PAYMENT AND PERFORMANCE In order to induce THE BANK OF' CASTILE, a New York banking corporation, with an address of 133 North Center Str~et, Perry, New York 14530 ("Lender") to make a certain loan or loans in the aggregate principal sum of THREE HUNDRED NINETY-FIVE THOUSA.l'l'D AND NO/lOODOLIARSU.S.($395,000.00),(the"Loan")toTOWPATHMOTEL,INC.,aNewYork corporation duly organized and validly existing under the laws of the. State of New Yark, having an office located at 10 Falconbridge Drive, Pittsford, New York 14534 ("Borrower"), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SHAILESH N. PATEL, residing at 10 Falconbridge Drive, Pittsford, New York 14534 and MICKY S. PATEL, residing at 10 Falconbridge Drive, Pittsford, New York 14534, S & A HOSPITALITY INC., a New York corporation duly organized and validly existing under the laws of the State of New York, having an office located at 10 Falconbridge Drive, Pittsford, New York 14534, (collectively, the "Guarantor") hereby Gointly and severally ifmore than one person or entity signs this guaranty) covenants and agrees with the Lender as follows: . I 1. Guarantor hereby guarantees to Lender: (a) the full and prompt payment, when due, whether accelerated oi· not, of any and all indebtedness, liabilities, and obligations of every nature and kind, of the Borrower to the Lender evidenced by any notes executed and delivered to Lender by Borrower in connection \vith the Loan, (the "Notes(s)"), (b) the prompt payment of all sums which may become due and payable to Lender under the provisions of the documents executed and delivered to Lender in connection with the Loan (the "Loan Documents"), ( c) the due and punclual performance and observance of all of Borrower's other covenants and obligations under the Loan Documents, and (d) the prompt payment of any and all costs and expenses which Lender may incur by reason of any default by Borrower under the Loan Documents or in connections with the collection of the indebtedness evidenced by any Note(s ), the foreclosure or other enforcement of the Mortgages or oLher Loan Documents or the collection or enforcement of this Guaranty of Payment and Performance ("Guaranty") including, but not limited to, reasonable legal fees and disbursements. 2. Guarantor acknowledges that this is a guaranty of payment and not of collection that Lender shall not be required to commence any action, suit or proceeding to foreclose any Mortgage or to pursue or exhaust any other rights or remedies it may have against Borrower under the Loan Documents prior to making demand upon Guarantor for payment under the terms of this Guaranty. 3. Guarantor waivers (a) notice of acceptance of this Guaranty by Lender and of any action by Lender in reliance thereon, (b) presentment for payment, demand, protest, notice of protest and notice of dishonor and any and all lack of diligence or delays in the collection or enforcement of the indebtedness evidenced by the Notes(s), (c) any and all exemption rights and the benefit of all valuation and appraisal privileges as against said indebtedness ,or any renewal or extension thereof, ( d) the right to trial by jury in any action, suit or proceeding brought by Lender with respect to this Guaranty, and (e) the right to assert in any action, suit or proceeding any defense, claim, I counterclaim or set off which any Guarantor or Borrower may have against Lender arising out of any unrelated cause of action. 4 Lender may, at any time and from time to time, without the consent of or notice to Guarantor and without in any way releasing or discharging Guarantor from its liability hereunder, I! FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 (a) modify or amend any of the tenns or provisions of the Loan Documents, (b) extend the time for payment of the indebtedness evidenced by the Notes(s), ( c) exchange or release all or any part of the collateral securing the Notes(s), and (d) grant any other indulgence, forbearance or waiver whatsoever. No delay on the part of the Lender in exercising any of its rights or remedies under the Loan Documents and no partial or single exercise thereof shall constitute or be deemed to be a waiver of any of Lender's rights hereunder. 5. In the event that Guarantor shall advance or become obligated to pay any .;;ums pursuant to this Guaranty, or in the event that for any other reason Borrower shall hereafter become indebted to Guarantoi:~ the amount of such advance; obligation or indebtedness shall at all times be and remain subject and subordinate to all amounts due and owing to Lender under the Loan Documents. Nothing contained herein is intended nor shall be construed to give Guarantor any right of subrogation in or under the Loan Documents, or any right to participate in any way therein, notwithstanding any payments made by them under this Guaranty, all such rights of subrogation and participation being hereby expressly waived and released; provided , however, that if Guarantor shall pay to Lender, pursuant to the terms of this Guaranty, (a) the entire unpaid principal amount evidenced by the Notes(s), together with all accrued and unpaid interest thereon and any late payment charges and prepayment premiums, (b) all other sums which have become due and payable to Lender under the provisions of the Loan documents, and (c) all costs and expense which Lender has incurred by reason of any default by Borrower under the Loan Documents or in connection with the collection of the indebtedness .evidenced by the Notes(s), the for~closure or other enforcement of the Mortgage or the other Loan Documents or the collection or enforcement of this Guaranty, Guarantor shall be entitled to receive from Lender (i) the Note(s) (endorsed without recourse as to Lender) and (ii) an unconditional, non-participating assignment without recourse in recordable form of all of the Lender's right, title and interest in and lo the Loan Documents. 6. This Guaranty shall remain in full force and effect notwithstanding, (a) the invalidity orun-enforceability of any of the terms or provisions of the Loan Documento;, (b) the dissolution and liquidation of Borrower, (c) the death or legal incapacity of any Guarantor, (d) the release or discharge, in whole or in part, of Borrower or any Guarantor in any bankruptcy, insolvency, reorganization, arrangement, readjustment, composition, liquidation orsimilar proceeding, or ( e) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Borrower under the Note(s) or a legal or equitable release or discharge, in whole or in part, of any Guarantor under this Guaranty. 7. The liability of the Guarantor hereunder shall be joint and several, direct, immediate, absolute, continuing, unconditional and unlimited until the indebtedness evidenced by the Note(s) or guaranteed hereunder has been paid in full. After the payment of said indebtedness, Guarantor agrees to remain liable hereunder for any part of such payments which may thereafter be recovered from Lender for any reason whatsoever, including, without limitation, as a preferential transfer or fraudulent conveyance under the Federal Bankruptcy Code or any applicable state law, together with any and all costs and expenses which Lender may incur in Lhe defense against any such claims, including, but not limited to, reasonable attorneys' fees and disbursements. 2 FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 8. Individual Guarantor agrees to furnish Lender at its request and at reasonable intervals from time to time, on Lender's standard forms updated information concerning its current financial condition. Without limit, Guarantor shall provide to Lender no later than ninety (90) days after the end of each calendar year, true; accurate and complete copies of Guarantor's state and federal income tax returns of the immediately preceding year, including all K-1 's and W-2's, together with a true and accurate updated personal financial statement on Lender's then current form of personal financial statement, duly completed and certified by Guarantor. Entily Guarantor agrees to furnish Lender at its request and at reasonable intervals from time to time, on Lender's standard forms updated information concerning its current financial condition. Without limit Guarantor shall provide Lender as follows: (i) each entity Guarantor will furnish to Lender annually, within ninety (90) days ofFiscal Year End: annual financial Statements, which should be at least compilation quality, and Annual State and Federal Tax Returns; inclusive of all schedules; and (ii) each individual Guarantor shall provide to Lender no later than ninety (90) days after the end of each calendar year, true, accurate and complete copies of Guarantor's federal income tax returns of the immediately preceding year, including all K-l's and W-2's, together with a true and accurate personal financial statement on Lender's then current form of personal financial statement, duly completed and certified by Guarantor. 9. Any notice, request or demand which Lender is required to give to Guarantor hereunder shall be in writing and shall be deemed to have been duly given or made if delivered personally to Guarantor or sent to the address first shown above for each party by registered or certified mail or by overnight or same day courier, return receipt required, and shall be deemed given on the date two (2) days after it is postmarked, properly addressed and deposited in the mail, or when received if given by courier. Each party may designate a change of address by written notice to the other party, given in the manner required herein for notices. 10. This Guaranty may not be modified, amended or revoked without the prior written · com;ent of Lender. No oral or written representation by any party'shall be used to construe or interpret this Guaranty. . 11. This Guaranty shall be governed by a!ld construed in accordance with the laws of the Stale of New York. If any provision of this Guaranty shall be or become illegal or unenforceable in whole or in part for any reason whatsoever, the remain provisions shall nevertheless be deemed valid, binding, and subsisting. 12. This Guaranty may be executed in multiple counterparts, each of which whe11 signed and delivered shall be deemed to be an original and ·au of which counterparts, taken together, shall constitute but one and the same instrument. It shall not be necessary in making proof of this agreement to produce or account for more than one such counterpart. 13. This Guaranty shall be binding (jointly and severally if mote than one person or entity signs this guaranty) upon Guarantor and its or their respective executors, administrators, 3 FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 distriburees, legal representatives and fiduciaries and shall inure to the benefit of Lender, its successors and assigns and all subsequent holders of the Note(s) and other obligations guaranteed. The masculine gender, whenever used herein, shall include the feminine, the feminine shall include the masculine, the neuter shall include both the masculine and feminine; and the singular shall include the plural wherever appropriate. [Signature Page to Follow] 4 FILED: MONROE COUNTY CLERK 04/10/2024 01:44 PM INDEX NO. E2024006166 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/10/2024 IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed and delivered as of this 8th day of November, 2018. AJJi /V (JJI. SHAILESH N. PATEL 1t4·cp\ i. MICKY S; PATEL r~ S & A HOSPITALITY INC. By: . /8_~_,_·_ __ _dJ'----1/,,fl--'-fll_ SHAILESH N. PATEL, President STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the 8 111 day of November in the year 2018 before me, the undersigned, a notary public in and for said state, personally appeared Shailesh N. Patel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, mcutod the ;ns!run\§l'EvEN J. PHETERSON ~ Notary Public, State of New York Quallfied In Monroe County · . Commission Expires August 31, 20 'J-{ NOtafYbliC STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the 8 1" day of November in the year 2018 before me, the u,ndersigned, a notary public in and for said state, personally appeared Micky S. Patel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the inst:rllment, the individual, or the person upon behalf of which the individual acted, executed tbe instrui&1.ifiYEN J. PHETERSON Notary Public, State of New York Qualified in Monroe County "f(. Commission Expires August 31, 20£ STATEOFNEWYORK ) COUNTY OF MONROE ) ss.: On the 81l' day of November in the year 2018 before me, the undersigned, a notary public in and for said state, personally appeared Shailesh N. Patel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. . . ~)~.. _ STEVENJ.PHETERSON ~~~·~·-1-1---.16'--~~~~~~~ Notary Public, State of New York ~ u~ I Quallfled In Monroe county ? ( Commission Expires August 31, 20''::; ·