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MA 95/96-CS 960712 (3)BENT BY:Xerox Teie¢opie~ 7021 ; 7-12-98 ; %'i~;~ -; 2144041072-$0UTHWEST ASSURANCE ;# 2 BOE~II) NO. 4224 37184 Maintenance Bond KNOWALL MEN BY THEBE PRE~ENTS: THAT WE _ABC°N PAVING, INC., 1045 s.. ,~,, ~[ LEWISVILLE, TX 75057 a~Prl~ipal. ~d G~MERCY INSU~NCE COMPANY, 7616 LBJ FREEWAY -~s, ~x~s ~s2s~ , I1~ In ~ ~te ~TI~, ~ 8u~, .~ held ~ boUnd un~ c~y o~ co~P~n{. P.O. sox 478. COPPE~L, TX 75019 I~Obllgll, ln~ll and ju~eum of~x~y o~ ~OUSA~D. ~OU~ .~D~ED T~NTY ,- ..... 7--~1~ I~1 Uni~d States ~ ~edoa to the pa~ent ~ whi~ ~um, ~11 and ~ly ~ ~ made, ffi ~ Pdndpml and Su~ bind ~e~elves, their au~ssom and a~ign~, JoinW and a~mlly, a~ by thee p~. SIGNED, SEALED AND DATED THIS [2TH DAY OF JULY, 1996 THIS CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Pdn~pal entered Into a ~ontractwith the Obliges for REINFORCED CONCRETE PAVEMENT REPAIRS FOR THE FOLLOWING LOCATIONS 221 WHISPERING HILLS, 230-34 SOUTHERN BELL, 1303 CRESTSIDE, 627-31 GLENLAKES 245 PLANTATION, 720-24 WOODMORE, 100 TRAIL WOOD AND MARLEE AT AALENDALE AND WHEREAS, the Obliges requires e guarantee from the Principal against defe~ive materials and workmanship In connection with said oontmeL NOW, THEREFORE,If the Prir~lpel shall make any repaim or mplecemsnl~ whbh may ~ ne=~Q du~ ~e ~dod ~ e.o ~sA~s ~ of de~e me. flab or ~.n~hlp In connexion ~ffi laid ~n~ ~ ~ioh d~~m ~ ~e Obl~N mhall gbe ~ Pdnoipal and ~n no~ wEhin (30) thl~ da~ after dlioove~ ~, ~en ~l. obl~ltlen shill be ~id; ~e~e it Ihlll be in ~11 fo~ and ~. All suits at law o~ proceedings in equity or ~very o.n th¼ bond ma.~t b.e initituted within (12) twelve months after t~'~/explratlon of.~e maintenance perio~l provided for ,tn,,,~~~Z~ Prlnci~ ABCON ~V~NG. INC. i ~GR. AMERCY INSURANCE COMPAN~ ttorney4n-Fa~t REBECCA S. THACKER GRAMERCY INSURANCE COMPANY 7616 L. BJ FRWY, Dallas, Texas 75251 No 4224 37184 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: (VOID IF THIS LINE NOT IN RED) "That Gramercy Insurance Company, a Corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Dallas, Texas, pursuant to the following resolution which is now in full force and effect: "That each of the following officers: Chairman, President, Executive Vice Presidem, any Vice Presidem, Secretary, any Assistant Secretary, may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory in the nature of a bond, and any of Said officers of the Board of Directors may at any time remove any such appointee and revoke th~.power and authority given him," does hereby make, constitute and appoint: *****,JERRY KIKER; CHARLES K. MILLER~ REBECCA S. THACKER~ '~DAVID C. OXFORD OR STEVE RICKENBACHER*** its true lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, exe- cute, acknowledge and deliver in its behalf, and as its act and deed, as follows: All bonds except Bail Bonds and not to exceed on any single instrument *****$300,000.00'**** **********THREE HUNDRED THOUSAND AND NO/100 **LA******************** IN WITNESS WHEREOF, The Gramercy Insurance Company has caused these presents to be signed by its President and its Corporate Seal to be Affixed, this 10th day of June, 1994. STATE OF TEXAS ) County Of Dallas On this 10th day of June, 1994 before me, a Notary Public of the State of Texas came Robert J. Seery to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal alT~xed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTMONY WHEREOF, I have hereunto set my hand, and afl'Lxcd my official seal at Dallas Texas, the day and year above written. Robert J. Seery, President N~tary Public, State of Texas My Commission Expires: 7/13/96 CERTIFICATE I, thc undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Delaware, DO HEREBY CERTII~J{ that the foregoing and attached Power of Attorney and Certificate of authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the said Company, Wilmington, Delaware, this 12TH day of JULY ._L_% 19 96 M:ch~ J