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Parkview Addition-CS 880427West American Insurance Company HOME OFFICE: 2600 East Nutwood Avenue, Fulierron, California 92631 ADMINISTRATIVE OFFICE: 136 North Third Street, Hamilton, Ohio 45026 ,Bond No. 10-748 M i temu ce Bond American Developers & Contractors, Inc. Know All Men ]~y 'rhes~ Presents, That we, as Principal, and WEST AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of California with Administrative offices at Hamilton, Ohio, as Sur~ty, are heldand fu'mly bound unto Coppell Municipal Utility District No. 1 (hereinafter called the Obligec), in the penal sum of .~..~~...0~...e--.H.urg:3've:l..~''~' ~ a_~ 20/100 ($ 9,3.72.20 ) Dollars, for* the payment of wMch, well and truly to be made, we do hereby bind oursclv~ our hcixx, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 27~.h A~ril 88 DATED this .................... day of .................... ; ...................... 19 ......... WHE~A$, thc s~id Principal has heretofore entered into a contract with the Obligee above named for Sar~tn~ Sewer and S~o_~'a ~ - PARKVIL-~ ADDITION and, W-rIEtLEAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEILEFOtLE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if fram acceptance by the said Principal shall, for a period of .One ..(!) .............. years from and after the.C.~..tY..9.f...Cg..P~...~y of ............................... 19 ........ , indemnify the Obtigee against any loss or damage direCtly arising by rca3on of any defect in thc material or workmamhip which may be diw. overed withha thc period aforesaid, then this obligation shall be void; otherwise to be and ~m~iaa in full force and virtue in law. PROVIDED, HOWEVEK, that in the event of any default on the p~a-t of said Principal, written statement of the particular facts showing such &fault and the date thereof rhall be delivered to the Surety by registered mail, at its Administrative Office in the City of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any'default of the Principal ~ be brought here- under after the expiration of thirty days from the end of the maintenance period as herein ~et forth. T,'i r~a Gardner / ATTORNEY. IN.FACT Form 5-177 W.Am. CERTIE,~D COPY OF POWER OF AT,,T,~R.NEY WEST AMERICAN INSURANCE ~OMPANY ^DM,.~ST.^T,VE OmCE..^M,LTO.. O.~O NO. 359 -~ ... ..-... ~ ~",f~h/~i,~,,,'"' STATE OF OHIO, COUNTY OF BUTLER ~tt13t33 ,~,],! ~$tl hlJ ~)EI~ ~t*~'ttt~: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: David O. Turner or Harry J. Brownlee or Steven W. Pond_pr Michael Dwight Williams or Oeffrey L. Trentham or Linda Gardner ~' Dallas, Texas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance FIVE MILLION (s 5,000,000.00 - ) Dollars, excluding, however, any bond(s) or undertaking(s} guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. IN WITNESS WHEREOF. the undersigned officer of the said West American Insurance Company has hereunto subscribed his nam~and affixed the Corporate Seal of the said West American SS. On this llth day of November A.D. 19 87 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came of WEST AMERICAN INSURANCE COMPANY, to me Thomas kt~Swn/'l~toZQDt~[{~'e~l~l~viot~{5~t'n'd ~e[l;~e~Ybea in, and who executed the preceding instrument, and he acknow- personauy I~ged the execution of the same, and being by me duly sworn depos~h and saith, that he is the officer of ~e Company aforesaid, and that the seal affixed to the preceding ins~ument is ~e Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instru~nt by the authority and direction of ~e said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ~n~[ :~ Seal ~ the CiW of Hamilton, State of Ohio, th~day and year first above wri~en. ~:'*~J~ ...... ~ (signed) ~ ~ ,t~,l~~' My Commission exes . .De~ber..25,..[991 .... · Company this '"l~h of o er 19 87. / Ass1;. Secretary This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President. any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24. 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signa[ure of the Secretary or any Assistan[ Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this~7 day of ~, .p,.~ A. D., 1988 Aasiltant S~ratary West American Insurance Company HOME OFFICE: 2600 Eas~ Nutwood Avenue, Fullerton, Calilornia ~2631 ADMINISTRATIVE OFFICE: ! 36 North Third Street, Hamilton, Ohio 45026 Bond No. 10-748 Maintenance Bond Know All M~n By Th~s~ Pre~nts, That we, American Developers & Contractors, Inc. as Principal, and WEST AMERICAN INSURANCE COMP.aNY, a corporation organized under the laws of the State of California with Administrative offices at Hamilton, Ohio, as Surety, are held and firmly bound unto Coppell Municipal Utility District No. 1 (hereinafter called the Oblige.), in the penal sum of ...~..~..~-~ ~...$.ix...,~..ed..~~°. . .~,.d...30/100 .................................................................................................... -...' .... ($ .7. L6.02730 ) Dollars, for the paymen~ of wh/ch, well ~nd truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assign& joLntly and se~-eraIly, £~rr,jy by these pre, htS. DATED this ..... 27th .... day of ......... ~±I ..................... 19.88 .. WHEKEAS, the said Principal ka~ hereto£ore entered into a contract with the Oblige* above named for Wa~- PARKVIEW ADDITION and, '~HEREAS, the work called {or under s=id contract has now been comp!~d and accepted by said Obligee; NOW, THEKEFOR.E,.THE CONDITION OF THIS OBLIGATION :iS SUCH, That ii Frc~ acceptance by the said Principal shall, for a period of. ~ (2) years from and z~ter the. City.of Coppe:l~y of ........... 19 , indemnify the Obligee against any loss or damage dir~:tly arising by rea.son of any defect in the material or wor?d~,anship which may be dbco,:ered within the period aforesaid, then this obligation shall be void; otherwise to be ~nd remain ,in lull force and virtue in law. PROVIDED, HO~.rEVER,. that in the event of any default on th.-, pazt of s~id Principal, written statement of the particular facts showing -'uch default :,nd the dz,%' thereof ~.l~zl] be delivered to the Surety by re~s~ered mail, at its Administrative Office in the City of HamPton, O?.'io: promptly and in any event within ten (10) days after the Obhg~ or his rePresentatiVe sh~II learn of ~ach default; and that no claim, suit, or action by reason of any default of the Prin¢i.l:mt~/ilCa~Ll be. brought here- under after the expiration of thirty days from the end of the maintenance p~riod as herein set forth. AMERICA~DEVELOPERS ~& COR~fRAC59RS, INC. BY: INSURANCE COMPANY Form S-177 W.Am. CERTIJ;~;ED COPY OF POWER OF AT,.T~ORNEY WEST AMERICAN INSURANCE OMPANY ADMINISTRATIVE OFFICE, HAMILTON. OHIO NO. 359 ~:u~m .~lI ~en b13 i~hese ~lre~nt~: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: David 0. Tur`ner` or' B ownlee 5 even N. Pond_p Nlchae] Dwight lllla L. T entham Ltnda 6a dne Dallas, exas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance FIVE MILLION - ($ 5,000,000.00 - ) Dollars. excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or unde~akings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous au~ority heretofore granted the above named attorney(s)-in-fact. ~,~11~% IN WITNESS WHEREOF, the undersigned officer of the said West American .~ ......... ~ :.... ~,.~0&~.~. Insurance Company has hereunto subscribed his nam~and affixed the Co~orate Seal of the ~.;. m~-= said West American Insurance Company m,s /ll~h~ /~o~er ~ ~9 87. %,,~;~ .......... ~;',,,-* .... ,.. ........... STATE OF OHIO, COUNW OF BUTLER~ SS. On ~is ~ ~h day of ~V~ A.D. 19 ~7 before the subscriber, a Notary Public of the State of Ohio. in and for the County of Butler. duly commissioned and qualified, came of WE~ AMERICAN INSURANCE COMPANY. to me personally ledged the execution of the same. and being by me duly sworn deposeth and saith, ~at he is the officer of the Company aforesaid, and that the seal affixed to the preceding ins~ument is the Corporate Seal of said Company. and the ~id Corporate Seal and his signature as officer were duly affixed and s~scribed to the said instrument by the authority and direction of the said Corporation. . IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the_day and year first above written. (signed) ~ ~~... ' 'l~(~t;,~'~ 'Pub."c. in and/.~/Cou~!t'y~"o~l~r, My Commission exp{i~'s . .December..25,..~991_.. This power of attorney is granted under and by authority of Article VI. Section 1 of the By-Laws of the Company. extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President. a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED. That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I. the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 27 day of ~.~L.T.~A. D., 19 88 Assistant Secretary