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Rolling Oaks MC-CL081030 (2)Release of Lien and Claims The undersigned lienor, in consideration of the payment in the amount of $225,957.68 hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to The Fain Group, Inc. for the period of September 2008 on the job for The City of Coppell to the following described property: Rolling Oaks Memorial Center Coppell, Texas Dated on October 30, 2008 The Fain Grout), Inc (Com L-a'— (Signature) Plex L�c r (Print Name) A r (Title THE STATE OF Texas COUNTY OF TARRANT This instrument was acknowledged before me on the day of 2008 by A I �-; _ Ise r Notary Public in and G the State of Texas Conditional 'Waiver and Release Upon Progress Payment Upon receipt by the undersigned of a check from The City of Coppell in the sum of $354,819.30 payable to Fain Group, Inc. and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of the Rolling Oaks Memorial Center located at Coppell, Texas to the following extent. This release covers a progress payment for labor, services, equipment and material furnished to The City of Coppell through 10/31/08 only and does not cover any retentions retained before or after the release date; extras furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic "s lien, stop notice, or bond right shall not otherwise affect the contract rights, including, rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. � 8"irr. /LI Mjl THE STATE OF Texas COUNTY OF TARRANT L This instrument was acknowledged before me on the .�d4L day of '�.�. 20000" by . Ntt* P, - e r Notary Public in and f the State of Texas