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Rolling Oaks MC-CS100203 (2) MAINTENANCE BOND Bond No.: 6541093 KNOW ALL PERSONS BY THESE PRESENTS, that we, The Fain Group, Inc., as Principal and Safeco Insurance Company of America, a corporation organized and doing business under and by virtue of the laws of the State of Washington and duly licensed to conduct surety business in the State of Texas, as Surety, are held and firmly bound unto City of Coppell as Obligee, in the sum of TWO MILLION EIGHT HUNDRED TWENTY-NINE THOUSAND FIFTY-EIGHT AND NO/100 ($2,829,058.00) Dollars, for which payment, will and truly to be made, we bind ourselves, our heirs, executors and successors,jointly and severally firmly by these presents. THE CONDITIONS OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee(s) to: Cemetery site development—Rolling Oaks Memorial Center WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of two year(s) following final acceptance of said improvements: Cemetery site development NOW THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of two year(s)from and after acceptance of said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. This 10th day of September, 2009. The Fain GWup, Inc. Principal By: r f S#co Insurance Company of America Surety Seal Local Recording Agency: K&S Insurance By: P 0 Box 277 Jo, ny Moss,•.ttor -y-in-fact Rockwall,TX 75087 • Safeco Insurance Company of America a t ,, General Insurance Company of America TT .�tie� Liberty POWER 1001 4th Avenue Alit OF ATTORNEY Suite 1700 Mutual,�tl. Seattle,WA 98154 No. 9569 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ****************************RICHARD W.DAIKER;TONY FIERRO;JAY JORDAN;JOHNNY MOSS;Rockwall,Texas; RICHARD W.DAIKER;TONY FIERRO;RANDALL S.MCCLELLAND;El Paso,Texas********************************* its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 21st March 2009 this day of 2tx1r # Dexter R.Leqq,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this I O ' day of . JC pi/vI61...1 CORPORATE „ t► SEAL SEAL P#11frtg ! 195 lsx3 . NAS '"`d a( � Dexter R.Legg,Secretary Qf t1Ri WEB PDF S-0974/DS 3/09