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Nash Manor-CS020807 (3)MAINTENANCE BOND Bond No. 1034950 KNOW ALL MEN BY THESE PRESENTS: THAT, NOVA CONSTRUCTION COMPANY, INC., 10514 WIRE WAY, DALLAS, TX 75220-2321, as Principal and XL SPECIALTY INSURANCE COMPANY, a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL, 255 PARKWAY BOULEVARD, COPPELL, TX 75019, hereinafter called the Obligee, in the sum of TWELVE THOUSAND NINE HUlX~RED NINETY ONE AND 50/100 Dollars ($ 12,991.50),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written agreement with J.R. HOLDINGS, DEVELOPER, dated 5/01/2002 for NASH MANOR - REINFORCED CONCRETE STREET AND CUL-DE-SAC PAVEMENT AND CURBS: PART ONE--CUL-DE-SAC & PARTIAL STREET PAVING and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two (2) years fi'om the date of acceptance of said work, and; THEREFORE, if the said Principal shall for a period of two (2) years fi.om and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 2nd day of August,2002. NOVA CONSTRUCTION COMPANY, INC. XL SPECIALTY INSURANCE COMPANY Surety PAULINE L. LESCH, Atlorney-in-Fac! URETY LIMITED POWER OF ATTORNEY KNOW ALI \1EN BY THESE PRESENTS: 'float the XL SPECiALTY INSURANCE COMPANY, a corporation organized and existing by ~irtue of the laws of the State cl lllinois ("Company" or 'Corporation'), does hereby nominate, constitute and appoint, Pauline L, Lesch, Clem F. Lesch, Gary Matula and Steve', !. Zin ecker as emldoyees of PCL Insurance Agency, Inc., its true and lawful Attomey(s)-in-fact to make, execute, all.est, seal and deliver for and o~ be!,al f, as surely, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the pena3 ~t:;i ol no one of which is in any event to exceed $5,000~000.00. Such !,~m!s a td undcrtaMngs, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such d~ :,rd undertakings wc~c signed by [be President and Secretary of the Company and sealed with ils corporate seal. This I , I Atlo~ ney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on th ~ of December, 1988: ":I!SOi VED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of /~ t,,mc! qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship. ' ~h I any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power t[~ :,ey, and to attach thereto the Seal of the Company. Jr 71'! ::!R IU SO1 NED, 'I hat the signat me of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate h,: hc~cto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and / i 3in.~ dpon thc Company with respect to any bond, undertaking or contract of suretyship to which it is attached." go~d- · ct~t~c d under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Dire, ' ~ ,,: ~ e (ompany on August 0, 2001. . , ;i VID, That Ihe signata~ c of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, antes, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power ,it : :cy, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature , .: 0lc seal shall be w0id and binding upon Cbc Corporation." IN WI ' 'liKS WI [EP. EOP, thc XI. SPI CIAI 'IY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly tt . ,~ i/,d officers this 6th clay of August, 2001. XL SPECIALTY INSURANCE COMPANY STA'I; ()i ILLINOIS COU? YOI COOK ss. BY: PRESIDENT Attest: ~ SECRETARY On th[ (,fi~ d:;y of August, 2001, belbre me personally came Nicholas M. Brown, Jr. to me known, who. being duly sworn, did depose and say: that he is President of the C, 2, a3 lescribed in and ~l~ich executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corpc s~a andwasal'fixedt c'eobyor cra dau hot yoftheBoardofDreetorsofsadCompany andthatheexecutedthesaidinstrumentbylikeorderand [ )FF~EIAL SEAL ,~ } i ' ,:Y L GTANGEL ~ NOTARY PUBLIC SECRETARY COU: , ( ', COOK ss. I, Be: ; ! I:,: eta, Secrclary of tkc XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, ~ : , :d ~ on ccc copy of Pow cr o f Attorney issued by said Company, and that I have compared same w/th the original and that it is a correct transcript therefrom and~ xd:,,Ic of Itc or igmal and Ihat thc said Power of Attorney is still in full force and effect and has not been revoked. IN xA [:5 ~ 9/t I EP. EOF, 1 have h?eunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 2nd day of August 20 02 MAINTENANCE BOND Bond No. 447-000644 KNOW ALL MEN BY THESE PRESENTS, That we, W.R. Hogdson & Co., Inc., 10165 C.R. 106, Celina, TX 75009 . (hereinafter called the 'Principal') as Principal, and the Atlantic Muttml Insurance Comnanv organized under the laws of the State of New York , a corporation duly and duly licensed to transact business in the State of Texas (hereinafter called the 'Surety'), as Surety are held and firmly bound unto city of Coppell, Texas (hereinafter celled the 'Obligee'), in the sum of THIKTY-F1VE THOUSAND SIX HUNDRED NINETY-THREE AND NO/100THS ..... : .............. ($ $35,693.00 , ..~r the payment of which are well and truly to be mede, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 1st day of August , _2002 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with J.R. Holdln~; Coppeil, Texas dated April 1, 2002 , for Nash Manor, Coppelb Texas .. WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said principal for a period of z years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the ob#gee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, navel or usurped power, Insurrection, riot or civil commotion, nor any ac~ of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the Sum of THIRTY-FIVE THOUSAND SIX HUNDRED NINETY-THREE AND NO/100THS ..... Dollars. No right of action shall acoue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. W.R. Hogdson & Co., Ine. Principal Atlantic Mutual Insurance Company Surety By: Patricia Bartlett .~,ttomoy-in-Fact =- _ AtlanticMutual Companies Atlantic Mutual Insurance Company Centennial Insurance Company Power of Attorney' KNOW ALL MEN BY THESE PRESENTS, that the Atlantic Mutual Insurance Company and Centennial Insurance Company, corporations duly anized under the laws of the State of New York their true and lawful Attorneys-in-Fact to make, execute, seal and deliver on their behalf as surety any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require, Such bonds and undertakings when duly executed by the aforesaid Attorney(s)-in-Fact shall be binding upon the Companies as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary and sealed with its corporate seal This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Company and the Board of Directors of Centennial Insurance Company adopted effective December 1, 1999 and now in full force and effect; RESOLVED that the Chairman, President or Senior Vice President-Surety may appoint other officers of the Company or agents of the Com- pany to act as its lawful Attorney-in Fact in any State, Territory or Federal District to represent this Company and to act on its behalf within the scope of the authority granted to them in writing, which authority may include the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed, any and all bonds and undertakings of suretyship and such other documents as are required in the ordinary course of surety business; and that the Secretary, Assistant Secretary or any Officer of the Corporation be, and that each or any of them is, authorized to verify any affidavit or other statement relating to the foregoing and to any resolutions adopted by its Board of Trustees (or Board of Directors, as applicable); and that any such Attorney-in-Fact may be removed and the authority so granted may be revoked by the Chairman, President, Senior Vice President-Surety or by the Board of Trustees (or Board of Directors, as applicable), IN WITNESS WHEREOF, each of the Companies has caused this Power of Attorney to be signed and its corporate seal to be affixed by its autho- rized Officer this Fourth day of January, 2000. Michael B. Keegan, ~r~ce Pre§ident State of New Jersey '~ County of Passaic~' SS Atlantic Mutual Insurance Company Centenni~'~n~urance Company ~. Thomas P. Oorke, Senio~'Vice t~re'~ident :L>.....'i ................ On this Fourth day of January, 2000, before me, a Notary Public of the State and County aforesaid residing therein, duly commissioned and sworn, personally came the above named officer of the Company who being by me first duly sworn according to law, did depose and say that he is the officer of the Company described in and which executed the foregoing instrument; that he knows the seal of the Company; that the seal affixed to such instrument is the corporate seal of the Company; and that the corporate seal and his signature as such officer were affixed and subscribed to the said instrument by order of the Board of Trustees {or Board of Directom, as applicable). : i~' / ..... i~_ ~',,~x.-~.~-~...- 7" ",~'" ~ ~ ~ i, / [ ~ No~ryPublic(Seal) ~'~'~'g~'~. / My commission expires February 18, 2007 I the undersigned Michael B. Kee§an Vice President of Atlantic Mutual Insurance Company and Centennial Insurance Company, do hereby cer- tify that the original power of attorney of which the foregoing is a full, true and correct copy, s n fu force and effect on the date of his Certificate and I do further certify that the Senior Vice President who executed said Power of Attorney was one of the Officem authorized by the Board of Trustees and Board of Directors to appoint an attomey-in-fact pumuant to the Board resolution stated above dated December 1, 1999. This Certi- ficate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Company and the Board of Directors of Centennial Insurance Company, adopted at a meeting duly called and held on the 1st day of December, 1999. RESOLVED, that the use of a printed facsimile of the corporate seal of the Company and of the signature of an Officer of the Company on any cer- tification of the correctness of a copy of an instrument executed by the Chairman, President or Senior Vice President-Surety pursuant to the Board resolution, dated December 1, 1999, appointing and authorizing an attorney-in-fact to execute in the name of and on behalf of the Company, surety bonds, undertakings and other instruments, shall have the same effect as if such seal and such signature had been manually affixed and made, is hereby authorized and approved. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the coreorete seal of each of p~ ]~ ~..~ i~ ~ Va,,_~ the Companies to these presents this~ day of~ 2~ Michael B. Keegan, Vice Pr~ident I To verify the authenticity of this Power of Attorney, call f-800-444-6565 and ask for the Power of Attorney Clerk. Important Notice To obtain information about this bond or to make a claim: You may write to Atlantic Mutual Companies at: Surety Clairn.q Depati-lent Atlantic Mutual Companies 3 Giralda Farms Madison, NJ 07940 Or you may call (973) 408-6110 You may contact the Texas Department of Insurance to obtain infomiation on companies, coverages, rights or complaints at: (800) 252-3439 Or you may write to the Texas Department of Insurance at: Texas Depadment of Insurance P. O. Box 149104 Austin, TX 78714-9104 Attach this Notice to your Bond This notice is for information only and does not become a part or a condition of the attached document. It is given to comply with Government Code Section 2253.048 and Property Code Section 53.202, effective September 1, 2001.