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Riverchase (6.1)-CS 940829~&Lab*l~ly rance ST. PAUL FIRE AND MARINE INSURANCE COMPANY SI. Paul, Minnesota ST. PAUL MERCURY INSURANCE COMPANY St. Paul, Minnesota ST. PAUL GUARDIAN INSURANCE COMPANY SI. Paul, Minnesota Capital Stock Companies MAINTENANCE BOND Bond No. 400dN7504 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal") as Principal, and the St. Paul Mercury Insurance Company , of the City of St. Paul, Minnesota, a corporation duly organized under the laws of the State of Minnesota, 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, Coppell, Texas (hereinafter called the "Obligee"), in the sum of Four Thousand One Hundred & no/10~ 4,100.00**l~ ) for the payment of which are well and truly to be made, 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 ...2.9.th ..... day of ....... Au§ugL .................19 9.4 ...... THE CONDITION OF THIS OBLIGATION is such, that Spring Valley Construction Co. WHEREAS, the said Principal has heretofore entered into a contract with~tlO<~ dated 5/4/94 19 ,for Riverchase Plaza WHEREAS, the obligee has requested that said work be guaranteed again.st failure because of defective workmanship or material, performed or furnished by said principal for a period of one ( 1 ) years from date of completion and accept- ance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee 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, naval or usurped power, insurrection, riot or civil commotion, nor any act 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 Four Thousand One Hundred and no/100 ($4,100.00) Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or comoration, other than the obligee herein named. _PCTTER CONCRETe., INC. By: , ST. PAUL MERCURY INSURANCE COMPANY Surety Michele Degnon ,2 Attorney-in-Fact 17818 Rev. 4-88 Printed in U.S.A. f"~85 Washington Street, St. Paul, Minnesota 02 AUTHORITY NO. CI~RTIFIED For verification of the ~,...,enticity of this Power of Attorney. you may telephone toll free 1-800-421-3880 and ask for coPYNO, power ofA.o,'.ey C,er,,. P,e refe,'to the,:e.,,' c te of ^utho,ty and the named ind,v,dual,s . ' · GENERAL POWER OF ATTORNEY - CERTIFIED COPY 'M-00250 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That SL Paul Mercury Insurance Company, a corporation organized and exis6ng under the laws of the State of Minnesota, having its principal office in the CRy of St. Paul. Minnesota, does hereby constitute and appoint: Tom P. Ellis, III, Michele Degnon, individually, Dallas, Texas its true and lawful attomey(s)-in-fuct to ex.cute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, requi~ed or permitted by law, statute, rule. regulation, contract or NOT TO ~:~:.3) ~ ]~L~]~T.4~' ~ ~ C~~ ~ ~WI'I'.T.TC[q DC~ ($10,000,000) EAC~ ~tm~ 15th and the execution of all such instrument(s) in parsuanc~ of these presents, shall be aa binding upon said St. Paul Me~ury Insurance Company~ as fully and amply, to all interns and purposes, as if the sam~ had b~n duly executed and acknowledged by its regularly elected officers at its principal office. This P0wea' of Attongy is executed, and may b~ ce~fied to and may be revoked, pursuant to and by authority of Article V.-Section 6(C), of the By-Laws ndgpted by the Shareholders of gr. PAUL MERCURY INSURANCE COMPANY at a me.ting called and held on the 28th day of April, 1978. of which the following ~s a true transcript of said $~tion 6 (C): "The P~sident or any Vice President. Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attomeys-in-fuct, and to authorize tbem to cxecuta on behalf of the Company. and attach the Seal of Ibc Company tberew, bonds and undennakings, recognizances, contracts of indemnity and otber writings obligatory in the nature thereof, and {2) To appoint special Attom~ys-in-fa~t, who are bemby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws ofth~ Company, and (3) To remove, at any time, any such ARom~y-in-fuct or Special Attorney-in-fact and revoke the authority given him." Furtbor. this Power of ARorn~y is algund and ~al~l by facsimile pursuant to resolution of the Board of Directors of said Company adopted al a meeting duly called and held on tbe 12th day of D~cember, 1967. of which t~ following is a tree excerpt: "Now the,zfure the signatures of such offi~ts and the semi of ~ Company may be affixed to any such power of attorney or any certificate r~intthg thereto by facsimile, and any such power of auom~y or certificate beating such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so ex~cuted and certifind by facsimile signatures aM facsimile seml shall be valid and binding upon the Company in the future with respect to any bond or undertaking tu which it is aRachnd." IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its co.orate seal to be affixed by its authotiznd officer, this 30~ day of November, A.D. 1990. ST. PAUL MERCURY INSURANCE COMPANY STATE OF NEW JERSEY 1. ss County of Somme~el .I ' MICHAEL B. KEEG~hN, Secretary day of JLl~.y ,19 9 3, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that be/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Co.orate Sca/of said Company; that the said Corporate Seal and hi.er signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal. at the township of Bndminster, New Jersey, the LINDA S · Notary l~hlic, Middlesex, NJ My Commission Expires t2~cember 16, 1996 CER'I I~qCATION I, the und~t~isned officer of St. P~nl Mermry In.~r~ Cuml0~ny, do hereby certify that I have compared the foregoing copy of the Power of ^ttomey and · ffidavit, and d~ copy of the S~fion of th* By-Law~ of .mid Company as ~t forth in said Power of ^ttora~y, with the ORIGINAI~ ON FILE IN THE HOME OFFICE OF SkID COMPANY, and ~hat th* $~n~ a~ correct tran~:ripts thereof~ and of the whole of the said originals, and that the said Power of Attor~y has not been revoked and is now in full force and effect. IN TESTIMONY WHRREOF, I have hereunto set my hand this 29th .dayof August ,19 94 ROY F. SEYMOUR, Asst. Secretary Only a certified copy of Power of Attorney beadng the Certificate of Authority No. printed in red on thc upper right corner is binding. Photocopies, ca~bon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY'AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 5-92 Printed in U.S.A.