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Summer Place-CS 860801 HIGHLANDS INSURANCE COMPANY · HIGHLANDS UNDERWRITERS INSURANCE COMPANY ~ -~ .~ ~ CULLEN CENTER BANK BUILDIN~ HOUSTON, TEXAS 77002 BONO NO. 104153 MAINTENANCE BOND STATE OF Texas COUNTY OF Dallas KNOW ALL MEN BY THESE PRESENTS: That we, Southwestern Contracting Cgmpany of Dallas , Dallas County, Texas , as Principal, and Hi.clhlands Underwriters Insurance Company ., of Houston , __Harris fC~)~ye,I Texas , as Surety, are held and firmly bound unto (il ty o 1, lexas , as Obligee, in the sum of Thirty Two Thousand Two Hundred Thirty Five & no/100-- DOLLARS ($ 32,235.00--- )f lawful money of the United States, for the poyment of which sum well and truly to be reader we hereby bind ourselves~ our successors and assigns, iolntly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with Summerpl ace-Coppel 1 dated the 20th day of December , 19 ~b for ~urnmerplace NOW, THEREFORE, if the Principal shall repair any defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by said contract~ occurring within a period of one (1)year after date of acceptance of said work by the Obligee, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 1st day of August , 19 86 . Southwestern Contracting Company PRIN~PAL Ned Tankersie~/, Vi~ President Highlands Underwriters Insurance Company ~.5URETY , Roi~ert H. Davis .&ttorne)~-in-Fact HIGHLANDS INSURANCE COMPANY HOUSTON, TEXAS GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Highlands Insurance Company, a corporation duly incorporated under the laws of ',_he State of Texas. doth hereby constitute and appoint Robert H. Davis, Barbara M. 0'Neal, Barbara Hollaway, Jointl.y or Several ly of the City of Dali as , State of Texas , to be its true and lawful attorney-in-fact for the following purposes, to-wit: To sign its name aa surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of the same, and to respectively do and perform any and ail acts and thin~s set forth in the appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that t.~e penal sum of no single one of such bonds, recognizances, obligations, stipulations or undertaki-gs shall exceed the sum of Unl imi ted Dollars (S Un 1 imi ted ): the Company hereby ratifying and confirming all and whatsoever the said attorney-in-fact, may lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. IN WIINESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board or' Directors, at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused these presents to be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Presidents. Assistant Vice Presidents and Secretary or Assistant Secretaries this 2nd dav of Januar.v , .A.D. 19 86 ' ~ HIGHLANDS INSURANCE COMPANY STATE OF TEXAS L./~ COUNTY OF HARRIS CITY OF HOUSTON On this 2nd day of January in the year 19 86 before me personally appeared J, L. Darnol d to me known, who. being by me duis- sworn, did depose and say: That he resides in Houston, Texas; that he is Senior Vi ce President of the Highlands Insurance Company, the corporation described in and which executed the above instrument, that he knows the Seal of said corporation: that the Seal affixed to said instrument is such corporation Seal: that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corporation' and that he signed his name thereto by like authority. N,~zar:.' l~ubl:c, S:a:e o:' Texas I RESOLUTION RESOLVED, that this Company do, and it hereby do~s authorize and empower its President or any one of its Senior Vice Presidents, Vice Presidents or Assistant Vice Presidents, in conjunctioh with any one of its Secretaries or any one of its Assistant Secretaries, under its corporate seal, to execute and deliver or to appoint ~ny person or persons as attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys.in-fact, or agent or agents, to execute and guarantee the conditions of any and all bonds,-recognizances, obligations, stipulations, undertakings or anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation ~r undertaking, or anything tn the nature of the stone; the nature, class or extent of *.he instruments so authorized to be spec,_'fied in such power of attorney. FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and the seal of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signature and seal shall be valid and binding on the Company. I, Bill d. Kinq, Assistant Secretary of Highlands lnsurance Company, hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the Company at the City of Houston, on the 29th day of July, A.D., 1974, at which was present a quorum of said Directors, duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the foregoing is a true copy and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Company, this 2nd day of January , A.D. 1986 STATE OF TEXAS COUNTY OF HARRIS I, Bi 11 J. Ki hq, Assistant Secretary of Highlands Insurance Company, do hereby certify the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands Insurance Company, which is still in full force and effect. IN WI1,,IESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of Houston, Texas, this 1st day of ),ugust , A.D. 19 86 .