Form 19-12

If applicable, incorporate the guaranty text as paragraph 3. of form 19-9 in this chapter.

Grounds for Summary Judgment—Guaranty

            3.      Grounds.      The pleadings, affidavits, and discovery documents, such as deposition transcripts, answers to interrogatories, and admissions, on file herein or attached hereto show that there is no genuine issue as to any material fact in this cause, in that—

a.The note guaranteed by the agreement made the subject of this cause was executed by [name of borrower], Borrower, and was delivered to Plaintiff by Borrower, as evidenced by [describe evidence].

b.Plaintiff gave value for the note to Borrower, as evidenced by [describe evi­dence].

c.Plaintiff is the owner and holder of the note, as evidenced by [describe evi­dence].

d.The note matured, as evidenced by [describe evidence].

e.Borrower defaulted in payment of the note, as evidenced by [describe evi­dence].

f.The amount of $[amount] is due by Borrower to Plaintiff on the note, as evi­denced by [describe evidence].

g.Defendant guaranteed payment of the note, as evidenced by [describe evi­dence].

h.Defendant defaulted in payment of the note under the guaranty agreement, as evidenced by [describe evidence].