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Coppell Cross L3-CS 990623 (2)Atlantic Alliance FIDELITY AND SURETY COMPANY 100 Dobbs Lane, Suite 204, Cherry Hill, NJ 08034 MAINTENANCE BOND Bond No. A75-00-47-00 KNOW ALL MEN BY THESE PRESENTS, Mora Construction, Inc. as Principal, and ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY, authorized to do business in the State of Texas, as Surety, are held and firmly bound unto City of Coppell as Obligee, in the penal sum of Seven Thousand Two Hundred Fifty Four and No Cents ($7,254.00) Dollars lawful money of the United States of America, for the payment of which and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Mora Construction, Inc. has made the following improvements to Burger King at 747 S. MacArthur Blvd NOW THEREFORE, this bond guarantees against all defects in workmanship and materials related to the above stated improvements, during the period from the date of acceptance to Two (2} years. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall maintain, or have maintained, the areas herein described and shall hold the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Any and all claims must be submitted to Atlantic Alliance Fidelity and Surety Company prior to the expiration date of this bond. Signed, sealed and dated this 23rd day of June, 1999. Witness or Attest: ~-7~, Mora Construction, Inc. Roger Mora ,President Witness: ~'~ ~~~ Atlantic Alliance Fidelity and Suret Company BY: ~~sz~~ Debi Moon ,Attorney-in-fact N4 915828 Atlantic Alliance 6'tUELl17 AND SURETY COMPANY Cherry Hill, NJ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Atlantic Alliance Fidelity and Surety Company, a corporation organized and existing under the laws of the State of New Jersey, does hereby constitute and appoint Steven L. Thomas, Alan C. Robinson, Debi Moon, Elvia B. Salazar iLS true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and aR bonds and undertakings, contracts of indemnity and other writings oblig- atory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise within the following ]imitations and conditions. sonde: A75-00-47-00 obhgec: City Of COppell Description: Burger King The execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Atlantic Alliance Fidelity and Surety Company as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. This Power of Attorney is executed and may be certified so and may be revoked, pursuant to and by authority of Article IV, Section 3 of the By-Laws adopted by the Board of Directors of Atlantic Alliance Fidelity and Surety Company at a meeting held on the 26th day of September 7989. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority. (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To revoke, al any time, any such Attorney-in-fact and revoke fhe authority given. Further, this power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 14th day of December 1989 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating therein by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by fac- simile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. /NO suRfTy IN WITNESS WHEREOP, Atlantic Alliance Pidelity and Surety Company has caused this instrument to be signed and its cor- ti+ °o poste seal to be affixed by its authorized officer, this Is[ day of June, 1998. ;q Q ~ 9 ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY Atlantic Alliance STATE OF NEW JERSEY Z ~~ County of Camden ~~~Yl.~..~,f l a ~~fastt+ `9e Paul L. Marabella, Presidem On this I st day of June 1998 before me came the individual who executed the proceeding instrument, to me personally known, and being by me duly sworn, said that he is the there- in described and authorized officer of the Atlantic Alliance Fidelity and Surety Company; that the seal affixed to said ins[omen[ is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ~~GANA Rce~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Atlantic Alliance Pidelity and Surety Company offices the day and year first above written * ?~TA~~ + REGINA REED ~~)) .o~B`~v Notary Public of New Jersey ~ ~~^ My Commission Expires January 19, 2000 --7- •--~-~- ~'~P~Ett~` (/ I Gail E. Latham, Secretary of the Atlantic Alliance Fidelity and Surety Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by ATLANTIC A]LIANCE PIDELITY AND SURETY COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto s-et my hand and attached the seal of said Company this 2 3 rC~ day of ipJ~U Ile 19 9 9 Np SURETY / P :+ ^ `'o o / \ Ay LL / Cail E. Latham, Secretary I Atla ntie Allia nee WARNING: "This Power of Attomey is pri ed on safety paper with a green background, red ' \ / sequential numbering on pper ght-ha d a red imprint of the yyy yF ~ 0a n President's signature / 9 ~fASEy ~ / Paul L. Marabella, President [f [he obligee has any question on the validity of Chis Power o f Attorney, Please Call the Aflantic Alliance Home Office for veriticadon (609) 795-5575 voaazzr voaNSZSOee-si o weisa Ers