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Coppell/121 Off Pk-CS0411031647 Witt Rd #105, Frisco, Texas 75034 (972)33~5814, Fax (972)335-8197 NOTICE TO CODE 'NER 2004 Realty Capital Corp 32 Village Lane, Suite 200 Colleyville, Texas 76034 CERTIFI ED-RETURN RECEIPT REQUESTED NO. '7~o~. /1~0 000..3 City of Coppell 255 Parkway Blvd PO Box 9478 Coppell, Texas 75019-9478 way 121 Bnsiness Park, Coppeli Texas To Whom It May Concern: Pursuant to Section Chapter 53 of the Property Code of Texas, this letter constitutes notice to you that Earth Tech has a claim in the amount of $$0,180.60 for the labor performed and/or materials furnished to said contractor for improvements to the job located in Coppell, Texas. It is our understanding that Realty Capital Corp is the owner of the described location, City of Coppell is owner of the water utilities, that Salyer & Associates is the original contractor on the job and that Earth Tech is a subcontractor of the original contractor. If our information is incorrect, please advise as soon as possible. The general nature of the materials and labor furnished is plumbing supplies and or fixtures, appliances and or utility supplies. Copies of the unpaid invoices are attached to this letter. If this claim remains unpaid, Realty Capital Corp and City of Coppell maybe personally liable or their property subjected to a lien unless payment is withheld from the above mentioned original contractor for payment of this claim or unless the claim is otherwise paid or settled. Page 2 November 3, 2003 Demand for payment is hereby made upon Realty Capital Corp and City of Coppell pursuant to Section 53.083 of the Property Code of Texas. Earth Tech's claim has accrued according to Section 53.053 of the Property Code or is past due according to the agreement between parties. Respectfully, Earth Tech Jimany Gaffney President CC Salyer & Associates 2557 SW Grapevine Pkwy, Suite 200 Grapevine, Texas 76051 CERTIFIED-RETU RN RECEIPT REQUESTED NO. If a subcontractor or supplier who furnishes materials or performs labor for construction of improvements on your property is not paid, your property may be subject to a lien for the unpaid amount if: (2) after receiving notice of the unpaid claim from the claimant, you fail to withhold payment to your contractor that is sufficient to cover the unpaid claim until the dispute is resolved; or during construction and for 30 days after completion of construction, you fail to retain l0 percent of the contract price or 10 percent of the value of work performed by your contractor If you have complied with the law regarding the 10 percent retainage and you have withheld payment to the contractor sufficient to cover any written notice of claim and have paid that amount, if any to the claimant, any lien claim filed on your property by the subcontractor or snpplier, other than the person who contacted directly with you, will not be a valid lien on your property, In addition, except for the required 10 percent retainage, yon are not liable to the subcontractor or supplier for any amount paid to your contractor before you received written notice of claim.