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ST9905-CL090616 ~11-cJ 5 SITE GRADING, UTILITIES, PAVING 2716 REMINGTON DRIVE ROYSE CITY, TEXAS 75189 June 16,2009 To: Murray Construction Re: Bethel Bass Pro Rd To Whom It May Concern please find attached a copy of the release for final payment for worked performed through December of 2007 as agreed upon and signed in January of 2008 from an officer of Murray Construction. All payments at this time were final and agreed upon verbally due to Murray's inability to perform. All payments for worked performed through this period have been paid by J&T minus retainage. We are in the process of gathering all back charges that will be assessed to your retainage for the completion of work paid for but incomplete. Please refer to paragraph three of your subcontract agreement relating to claims. Any further notice of claims will constitute a breach of contract and J&T will pursue all legal action necessary to remove such claims with all charges being assessed to Murray Construction. Operations Manager cc: Tiseo Paving City Of Coppell Tx City of Grapevine Tx Owen Lokken Attorney at Law certified mail certified mail certified mail certified mail 70082810000058030725 70082810000058030732 7008281000005803 0749 7008281000005803 0756 LIEN RELEASE In consideration of payment by J&T EXCAVATING, LLC (contractor)., in the amount of: Thirty nine thousand forty nine dollars 44/100 for final payment minus retainage for all labor, materials, equipment, supplies and work furnished to the construction project. The undersigned herby waives, releases and relinquishes to the extent of the amount set forth above and to the date herof, any and all claims or rights of lien which the undersigned may now have on the project commonly Known as "BETHEL BASS PRO RD" Further, the undersigned, in consideration of the payment of the said sum does herby release and forever discharge TISEO PAVING (general) and their respective subsidiaries, general partners, lenders and employees from any and all claims, demands, suits and causes of action whatever kind of nature, whether based on contract, tort or otherwise, which now exist or which arise out of or any way connected to the construction of this project. The waiver is limited to the labor, materials, supplies, equipment and work furnished to the date hereof. Sub-Contractor also says he will use monies paid from the amount set forth above to pay suppliers, vendors, labor and any other monies owed. In signing this release the sub-contractor personally guarantees that any liens or claims of non- payment will be promptly resolved. Subcontractor also personally guarantees to pay all fees legal and personal associated with the collection of any debt claimed for non-payment to suppliers, vendors or second tier subcontractors. SUBCONTRACTOR Company n ~ Signatur . Printed Name: Notary: Subscribed and sworn to before me this !I / / day of Cjr~ ~.~200r r v- ~ \ -;2"doo JODY RAYMOND My Commission Expires April 2, 2008