Board Of Aldermen

David K. Pinsonneault Brian C. Kelly* bid 2°
J. Bradford Westgate* Brenner G. Webb jr
Kent M. Barker Barbara W. Halevi* -

John M, Edwards* . ——
VW Peter W. Bennett (retired) WL e-4

All Admitted in NH ner and Bennett, LLP Peter G. Webb (retired) 7 »

*Admitted in NH and MA §. Robert Winer (1920-2019)

Attorneys at Law John V, Dwyer, Jr, (1946-2013) &

way. winerbennett.com

May 11, 2021

VIA HAND DELIVERY

Susan Lovering

City Clerk

City of Nashua

229 Main Street

Nashua, New Hampshire 03060

Office of the City Clerk

City of Nashua

229 Main Street Susan Lovering

Nashua, NH 03061-2019 City Clerk

(603) 589-3010, Option #5 Allison D. Waite

CityClerkDept@NashuanH.Gov Deputy City Clerk
MEMORANDUM

TO: Nashua Board of Aldermen

Nashua City Planning Board
FROM: Susan K. Lovering, City Clerk
DATE: May 11, 2021

RE: Etchstone Properties, Inc. — Petition for Street Discontinuance — (Old) Groton Road

IN WITNESS WHEREOF, the Guarantor has caused this Guaranty to be executed as of the date
shown above by its duly authorized officers.

PENNICHUCK $0R PORATION
c

By. : C.

on

co

“)

Title: c

SECTION 10. Notices. Ali notices provided for herein shall be in writing (including facsimile}
and shali 6c mailed or delivered to the following addresses or facsimile numbers or to such other address
or facsimile number as cither party may specify by notice to the other:

If ta CoBank, as fallows if te the Guarantor, as follows.
CoBank, ACB Peanichuck Corporation

5500 South Quebec Sireet 25 Manchester Street

(3) Notice of Default. Promptly after becoming aware thereof, notice of the
breach of any covenant contained in this Guaranty or any instrument or document executed in connection
herewith,

Guarantor agrees to cause all persons occepying or present an any of its properties to comply in all
material respects with all Laws relating to suc’ properties

{C} Insurance. Matniain insurance with insurance comipanies or associations
acceplable to CoBank in such amounts and covering such rks as are usually carried bs companies
engaged in the same or similar business and stimuarly situated

(D) Litigation. Except as discinsed in the Company's Application for Credit dated as
of February 9, 2010 (the “Application”), there are no pending legal, arbitration, or governmental actions or
proceedings to which the Guarantor is a party or to which any of its property is subject which, if adversely
determined, could have a material adverse effect on the condition, financial or otherwise, operations,
properties, ar business of the Guarantor, or on the ability of the Guaranter to perform its oblivations

SECTION 5. Information Regarding Company; Waiver of Notices, Ete. The Guarantor
assumes responsibility for keeping fully infonned of the financial condition of the Company, its liability
hereunder and ali other circumstances affecting the Company's ability to pay and perform the Guaranteed
Obligations, The Guarantor agrees that CoBank shal! have no duty to report to or notify the Guarantor of:
(i) any information which CoBank shall receive about the financia! condition of the Company (including

the terms and conditions of the Loan Documents; (iii) the forbearance by CoBank from exercising any right
or remedy it may have under the Loan Documents or under law; (iv) any inability, failure, negiect or
amission to obtain, perfect, maintain, enforce, or realize upon any collaicral for the Guaranteed Obligations,
or 10 pursue or obtain any deficiency judgment against the Company following any foreclosure of any
security interest, mortgage or deed of trust; :¥) the Joss or impairment of any collateral, the subordination or

Aftachment C

GUARANTEE OF PAYMENT
(CONTINUING)

THIS GUARANTEE OF PAYMENT (this “Guaranty") is executed as of February 9, 2010, by
PENNICHUCK CORPORATION, a New Hampshire corporation (hereinafter referred to as the
“Guarantor’}, in favor COBANK, ACB (hereinafter referred to as "CoBank").

BACKGROUND