Free Amended Complaint - District Court of California - California

Case 5:07-cv-04808-JF

Document 7-4

Filed 10/18/2007

Page 1 of 3

EXHIBIT C

TO FIRST AMENDED COMPLAINT

Case 5:07-cv-04808-JF

Document 7-4

Filed 10/18/2007
ì

Page 2 of 3

BP West Coast. Products LLC 0

GUarantee Agreement Individual

Facilty¡,~
The undersigned Nazim Faauirvan and (spouse, íf marred), intending to

legally bound hereby and in consideration of BP West Coast Products LLC. organized in Delaware (hereinafter
called "BPWCP") advancing credit to STTN Enterprises. Inc. (hereinafter consideration of BPWCP, at its sale discretion, (a) agreeing to any additional credit at

be

for petroleum products and other merchandise, or (b) to extend credit, advance money, or defer time for payment of any money due or to become due under contrct or obligation arising from any Je.ase or löan, or (c) to extend credit in any other manner to, or at the request or for the account of Debtor, either with or without security (all such

called "Debtor"), and also in any time hereafter to Debtor

liability and obligation of Debtor to BPWCP now or hereafter existing being hereinafter referred to as
"Obligations"), do hereby jointly Obligations together with interest thereon, attomeys' fees which may be

rights hereunder; it being furter understood and agreed that the liabitty hereunder of the undersigned shall be
unlimited as to the amount of Obligations covered

and severally guarantee and agree to pay to BPWCP, upon demand, all of the and any and all expenses, including but not limited to, reasonable incurred by BPWCP in collectng all or any of the Obligations and/or enforcing any

by this Guaranty.

The undersigned waive any right to require BPWCP to (a) proceed against Debtor or any other part; (b) proceed against or exaust any security held from Debtor; or (c) pursue any other remedy in BPWCP's power whatsoever. The undersigned waive any defense based on or arising out of any defense of Debtor other than paymnt in full of the indebtedness, including without limitation any defense based on or arising out of the disabilty of Debtor, or the unenforceabilty of the indebtedness or any part thereoffrom any cause, or the cesation from any cause of the liabilty of Debtor other than payment in full of the indebtednes. BPWCP may, at its electon, foreclose on any
security held by BPWCP by one or more judicial or nonjudicial sales whether or not every aspect of any is commercially reasonable, or

such sale exercise any other right or remedy BPWCP may have against Debtor, or any security, without affectng or impairing in any way the liabilty of the. undersigned except to the extent the

indebtedness has been paid, The undersigned waive any defense arising out of any such election by BRWCP, even though such election operates to impair or extnguish any right of reimburSement or subrogation or otfer right

or remedy of the undersigned against Debtor or any seurity. Until all indebtednes of Dèbtor to-,BPWCP shall have been paid in full, even though such indebtedness' is in excess of the undersigned's liabilty'hereunder, 'the .,. undersigned shall have no right of subrogation and waive any right to enforce any remedy which BPWCP now has' . . or may hereafter have against Debtor, and waive any benefit of, or any right to partcipate in any secud1y'now. or'

hereafter held by BPWCP. . ':' ..
manner and with the same effect as if each of them had signed separate Guaranty shall not be revoked or impaired as to any one or by or more of such partes by the death.

If this Guaranty is executed by two or more partes, they shall be severlly liable hereunder, and'the Word'
"undersigned" wherever used herein shan be constred to refer to each of such partes separated. all in the same.

instrments; and in any such case this

Execuledat ,this-7û-daYOf~ ,20~.

of any of thè others. the revocation or release of any liabilties hereunder of anyone or more of such other partes.

Witness
Residence of Guarantor (street, city, state, zip code)

\~... -~t~aqUiryn
Guarantor. Spouse

Witness
Residence of Guarantor (street, city, state, zip code)

* Subscribed and swom to before me this

.,p

r:

day of

( lgn. -

,200 l¿

*Requirrd in all slates

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/

Case 5:07-cv-04808-JF
BP West Coast Products LLC ~~

Document 7-4

Filed 10/18/2007

Page 3 of 3

\

\\

bl1arantee Agreement
Individual
Facility: 82461

The undersigned legally bound hereby

Saved F~auirvan and (spouse, If married), intending to be
and in consideration of BP West Coast Products LLC, organized in Delaware (hereinafter

called "BPWCP") advancing credit to STTN Enterprises, Inc. (hereinafter cclled "Debtor"), and also in consideration ofBPWCP, at its sale discretion, (a) agreeing to any additional creditatany time hereafter to Debtor
for petroleum products and other merchandise, or (b) to extend credit, advance money, or of any money due or to become due under contrCt or obligation arising from any lease credit in any other manner to, or at the request Qr for the account of or Joan, or

liabilty and obligation of Debtor to BPWCP now or hereafter existing being hereinafter referred to as
"Obligations"), do hereby jointly and severally guarantee and agree to pay to BPWCP, upon demand, all of the

Debtor, either with or without security (all such

defer time for payment (c) to extend

Obligations together with interest thereon, and any and all expenses, including but not limited to, reasonable attorneys' fees which may be incurred by BPWCP in collecting all or ¡:ny of the Obligations and/or enforcing any

rights hereunder; it being further understoocand agreed that the liability hereunder of the undersigned shall be
unlimited as to the amount of Obligations covered by this Guaranty.
The undersigned waive any right to require BPWCP to

against or exhaust any secrity held from Debtor; or (c) pursue any other reme in BPWCP's power whatsoever. The undersigned waive any defense based on or arising out of any defense of Debtor other than payment in full of the indebtedness, including without limitation any defense based on or arising out of the disability of Debtor, or the
unenforceabilty of the indebtedness or any part thereof fro any cause, or the

(a) proed against Debtor or any other part; (b) proceed

cesation from any cause of the liabilty of Debtor other than payment in full of the indebtedness. BPWCP may, at its election, foreclose on any security held by BPWCP by one or more judicial or nonjudicial sales whether or not every aspect of any such sale is commercially reasonable, or exercise any other right or remedy BPWCP may have against Debtor, or any
securi, without affecting or impairing in any way the liability of the undersigned except to the extent the

indebtedness has ben paid. The undersigned waive any defense arising out of any such election by BPWCP.
even though such election operates to impair or extinguish any right of reimbursement or subrogation or other right or remey of the undersigned against Debtor or any security. Until all indebtedness of Debtor to BPWCP shall have been paid in full. even though such indebtednes is in excess of the undersigned's liabilty hereunder, the

undersigned shall have no right of subrogation and waive any right to enforc any remedy which BPWCP now has
or may hereafter have against Debtor, and waive any benefi of, or any right to partcipate in any security now or hereafter held by BPWCP.

If this Guaranty is executed by two or more partes, they shalf be severally liable hereunder, and the word
in the same manner and with the same effec as if each of them had signed separate instments; and in any such case this
Guaranty shall not be revoked or impaired as to anyone or more of such or by the revocation "undersigned" wherever used herein shall be constred to refer to each of such partes separated, all

or release of any liabilties hereunder of anyone or more of such other parties.

partes

by the death of any of the others

Executed at

11 , , this -2 - day of __i..Jl.

Witness
Residence of Guarantor (street. city, state, zip code)

~~ r
Guarantor - Spouse

.2012.

Guarantor - Sayed Faquiryan

Witness
Residence of Guarantor (stret, city; state, zip code)

" Subscribed and swam to before me this

c£~~k
. . otary Public

¿pM day

of

,-!UJ1--

, 200;;

-"Required in all states

. No~PubU- .ea

SQoClor Co

CQEì1~-

125