Guarantor/Indemnity Agreement
WHEREAS, COSIGNER, 24/7 ONE CALL, LLC a Georgia corporation, (Hereinafter called the SURETY), at the request of the undersigned, and upon the surety hereof, have or are about to become SURETY on an appearance bond for DEFENDANT in the sum of $ Dollars by its certain bond or undertaking, a copy of which is attached hereto and made part hereof:NOW THEREFORE, in consideration of the promises and the sum of one dollar in hand paid, receipt whereof by each of us is hereby acknowledged, the undersigned do hereby undertake, agree and bind themselves, their legal representatives, successors and assigns, as follows:
1. That the undersigned will have the aforesaid cosigner forthcoming before the above court named in said bond, attached hereto, at the time therein fixed, and from day to day and term to term thereafter, as may be ordered by said court.
2. That the undersigned will at all times indemnify and hold the SURETY harmless from and against every and all claim, demand, liability, cost, charge, counsel fee, expense, suit order, judgment or adjudication whatsoever which the said SURETY having executed said bond or undertaking, will, upon demand, place the said SURETY in funds to meet every claim, demand, liability, cost, charge, counsel fee, expense, suit order, judgment or adjudication against it, by reason of such Suretyship, and before it shall be required to pay the same.
3. The condition of said indemnity Agreement provides that as long as there is any liability or loss of any nature whatsoever to the Company upon the bond referred to herein, the undersigned will not make any transfer, or any attempted transfer of any property, real or personal, given as security or which the undersigned may subsequently acquire of any interest therein, and it is further agreed that the Company shall have a lien upon all property of the undersigned for any sums due it or for which it has become, or may become, liable by reason of its having executed the bond referred to herein.
4. That the voucher or other evidence of any payment made by the SURETY, by reason of such Suretyship, shall be conclusive evidence of such payment against the undersigned and the undersigned’s estate both as to the property thereof and as to the extent of the liability thereof to the said SURETY.
5. That the said SURETY may withdraw from its Suretyship upon said bond or undertaking at any time that it may seem fit, upon giving the principal named in said bond notice to that effect.
6. That the agreement shall not be returned by the SURETY at the time it shall be satisfied of the termination of its liability under said bond or obligation, but shall be retained as security for any liability that may at any time thereafter occur.
7. That the failure of any undersigned to comply with the provisions of this agreement of indemnity shall be binding upon the other.
8. If any provision or provisions of this instrument be void or unenforceable under the laws of any place governing its construction or enforcement, this instrument shall not be void or vitiated thereby but shall be construed and enforced with the same effect as though such provision or provisions were omitted.
9. There is a 4% credit card fee. If a credit card is not charged at the time of the transaction then it will be subtracted from any security refund at the time the bond is completed.
It is acknowledged by the said cosigner that but for the guarantee of payment of the bond amount and the expenses in connection with a bond forfeiture or the payment of the bond, or the expenses to pick up the principle because of the principle’s failure to appear as provided by law, or because the bond must be paid by the SURETY because of the forfeiture of the bond, the SURETY would not make the bond set forth described in this document.
It is therefore agreed between the parties that the said cosigner agrees to indemnify the said SURETY for the loss to a bond forfeiture, or for the expense of locating, arresting, or otherwise enforcing the appearance of principle, whichever sum is greater. Expenses should include mileage, pick up fee, jail fees, warrant fees, personnel bounty hunter fees and legal fees to defend or prosecute the forfeiture or right to arrest and return the principle to the appropriate jurisdiction in the event of any breach of this agreement, the undersigned agrees to ay all attorneys fees and collection costs.
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