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Gateway BP(2.5)-CS 981008and, Form S•177 W.Am. West American Insurance Company HOME OFFICE: 2600 East Nutwood Avenue, Fulkrton, Caiilornia 92631 ADMINISTRATIVE OFFICE: 136 North (bird Street, Hamilton, Ohio 45026 Know All Men By These Presents, That we, Maintenance Bond as Principal, and WEST AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the Slate of California with Administrative offices at Hamilton, Ohio, as Surety, are held and firmly bound unto ROGERS O'BRIEN CONSTRUCTION COMPANY 11145 MORRISION LANE DALLAS, TEXAS 75229 (hereinafter called the Obligee), in the penal sum Of TWENTY SEVEN THOUSAND AND NO 100'S-- (1 27,000.00 Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. DATED this 8TH day of OCTOBER 19 98 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for G&K SERVICES LAUNDRY PLANT AND OFFICE FACILITY SITE UTILITIES INSTALLATION WHEREAS, the work called for under said contract has now been co!nplch d and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 'S ';UCH, That if said Principal shall, for a period of TWO years from and after the DATE OF FINAL COMPLETION indemnify the Obligee against any Toss or damage directly arising by reason of any defect in the material or workmanship which may be dirco"ered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of uid Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail,;lt 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 shall be brought here- under after the expiration of thirty days from the end of the maintenance period as h_rein set forth. AUI GENERAL CONTRACTORS By AUI GENERAL CONTRACTORS 300 WEST RAMSEY FORT WORTH, TEXAS 76110 ECCA S. THACK BOND NO. 3 -508 -547 e President COMPANY ATTORNEY•IN•FACT z... "Ca Z'.. 4 77•• That WEST AMERIC.JN INSURANCE COMPANY. in pursuance of authority granted by Article Vt. Section I of the By- Laws of said Company. does hereby nominate. constitute and appoint: David C. Oxford or Steve Rickenbacher or Helen Zook or Rudolph Norris or Clinton Norris or Rebecca S. Thacker of Dallas, Texas its true and lawful agent and attorney (s) -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 SI\ MILLION (56.000,000.00) DOLLARS. excluding, however. any bond (s) or undenaking ts) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents. shall be as bindine 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 heretotore granted the above named attorney (s)-in-Tact. STATE OF OHIO :SS COUNTY OF BUTLER ti SEAL CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE. HAMILTON. 4 6 "O No. 1-133 IN WITNESS WHEREOF. the undersigned officer of the said The West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The West American Insurance Company this 21st day of June. 1995. Mark E. Schmidt. Assistant Secretary On this 21st day of June A.D.. 1995 before the subscriber. a Notary Public of the State of Ohio. in and for the County of Butler. duly commissioned and qualified. cane Mark E. Schmidt Asst. Secretary of WEST AMERICAN INSURANCE COMPANY. to me personally known to be the individual and officer described in, and who executed the preceding instnunent. and he acknowledged the execution of the same. and being by me duly sworn deposeth and saitit that he is the officer of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly atlltced and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF 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. Notary Public in and for County of Butler. State of Ohio My Commission expires August 5. 1997. This power ot attorney is granted unuer and by authonty of Arnett VI. section I ot the fly Laws or 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 of and authority 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. acimowledge and deliver any and all bonds. recognizances, stipulations. undertakings or other instruments of surety-ship or guarantee. and policies of insurance to be given in favor of an individual. fum. 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 subdivision. This instrument is signed and scaled 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 V1. Section 1 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 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 coact 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 8TH day of AUGUST A.D.. 19 98 Assistant Secretary