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MCI-CN020606STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, personally appeared Donald Riggs, who, being duly sworn upon his oath, deposed and stated; "My name is Donald Riggs, and I am President of Future Telecom, Inc. ("Claimant "). Claimant's business address is 2624 Hyacinth Drive, Mesquite, Texas 75181. Claimant has filed a mechanics and materialmans lien affidavit in Dallas County, Texas on June 6h, 2002 and recorded on Vol. 2002 -110 Page 09248 concerning real property owned or reputedly owned by Metromedia Fiber Network Services, Inc. and Metromedia Fiber Network, Inc., 360 Hamilton Avenue, White Plains, New York 10601. A true and correct copy of the lien affidavit is attached and incorporated as Exhibit A. For adequate consideration, the receipt and sufficiency of which is hereby acknowledged, Claimant hereby fully and finally releases and cancels the lien affidavit attached as Exhibit A. UTURE T LECOM, INC. Donald s, President Subscribed and sworn to before me, the undersigned authority, this 3rd day of November, 2003, to which witness my official hand and seal of office. otary Public, State of Texas IrMICHELLE L. CARTER Notary Public, State of Texas fof`g My Commission Expires May 09, 2006 S Ll Before me, the undersigned authority, personally appeared Donald Riggs, who, being duly sworn upon his oath, deposed and stated; "My name is Donald Riggs, and I am President of Future Telecom, Inc. ("Claimant "). Claimant's business address is 2624 Hyacinth Drive, Mesquite, Texas 75181. Claimant has filed a mechanics and materialmans lien affidavit in Dallas County, Texas on June 6h, 2002 and recorded on Vol. 2002 -110 Page 09248 concerning real property owned or reputedly owned by Metromedia Fiber Network Services, Inc. and Metromedia Fiber Network, Inc., 360 Hamilton Avenue, White Plains, New York 10601. A true and correct copy of the lien affidavit is attached and incorporated as Exhibit A. For adequate consideration, the receipt and sufficiency of which is hereby acknowledged, Claimant hereby fully and finally releases and cancels the lien affidavit attached as Exhibit A. UTURE T LECOM, INC. Donald s, President Subscribed and sworn to before me, the undersigned authority, this 3rd day of November, 2003, to which witness my official hand and seal of office. otary Public, State of Texas IrMICHELLE L. CARTER Notary Public, State of Texas fof`g My Commission Expires May 09, 2006 y EXHIBIT A "NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN." MECHANIC'S OR MATERIALMAN'S LIEN AFFIDAVIT 193 sCl a__3+c> STATE OF TEXAS § 06/06/02 3279902 $11.00 S Mechanics Lien COUNTY OF DALLAS § BEFORE ME, the undersigned authority, personally appeared Donald Riggs, who, being duly sworn upon his oath, deposed and stated: "My name is Donald Riggs, and I am President of Future Telecom, Inc., the claimant. Claimant's business address is 2624 Hyacinth Drive, Mesquite, Texas 75181. As President of the Claimant, I have personal knowledge of the facts set forth in this affidavit, am competent to sign this affidavit, and am authorized to make this affidavit on behalf of Claimant. The facts in this affidavit are true and correct. Claimant furnished materials and /or labor to Metromedia Fiber Network Services, Inc. and Metromedia Fiber Network, Inc. whose address is 360 Hamilton Avenue, White Plains, New York 10601. Claimant was the original contractor and has furnished labor and /or materials for improvements to the following described real property in Dallas County, Texas: The public rights of way and fiber optic network located in the cities of Irving and Coppell, Dallas County, Texas described as the Irving Joint Build Phases 1, 2, 3, and 4 which began at the front of 6001 Campus heading north on Campus Circle to Gateway, heading west on Gateway to Beltline Road, heading north on Beltline to Highway 114, heading west on Highway 114 to Esters Boulevard, heading north on Esters to Royal Lane, Heading west on Royal to Freeport Parkway, heading north on Freeport Parkway to Esters Boulevard, heading west on Esters to Royal Lane, heading north on Royal lane to utility easement running north across I-635 to Gateway Boulevard, heading east on Gateway Boulevard ending at Freeport Parkway, and consisting of conduit construction, manhole placement, cable placement, and engineering services. The owner, or reputed owner of the above- described property is Metromedia Fiber Network Services, Inc. and Metromedia Fiber Network, Inc. whose address is 360 Hamilton Avenue, White Plains,, New York 10601. m21 10 09248 Such labor and /or materials provided by Claimant may be generally described as Installation of app. 32,500 feet of 4- 1.5" HDPE duct system, in the cities of Irving and Coppell, Dallas County, Texas, including installation of manholes and handholes, HDPE conduits, fiber optic cables, and provision of gravel, Flowable Fill, concrete and other materials. Labor and /or materials were furnished and install during the period beginning in March 2001 and ending in July 2001. After allowing all jus amount of the claim is Five nineteen and 08/100 Dollars and remains unpaid, due and lien on the above - described of the amount claimed." t credits and offsets, the total hundred one thousand six hundred ($ 501,619.08), which has accrued owing. Claimant hereby asserts a real property to secure the payment FURTHER AFFIANT SAYETH NOT. R OM, INC. Donald s, President SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority on June 4, 2002, to which witness my official hand and seal of office. (Seal] Notary Public in and for the State of Texas MABEL MARTIN Notary Public, State ofiTexas .g My Commission Expires November 01, 2004 - . I n nQ ?tiq