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CONDITIONAL AFFIDAVIT, LIEN WAIVER AND R~LEAS~ <br />With reference to construction of the Courthouse Square Project on the site at Court & High <br />Streets, Salem, Oregon (the "Project"), the undersigned for value received, acknowledges tha~, <br />when a check for $ 694,456.00 has been properly endorsed and has been paid by the bank <br />upon which it is drawn, it has been paid in full for all labor, services, equipment and materials <br />provided or lransported in connection with the Project through June 30 , 1999, except <br />retainage, if any, and hereby fully and unconditionally waives and releases any and all right to <br />payment, liens, claims of lien, righCs to lien, bond claim rights, or any other claims or demands for <br />labor, scrvices, equipment, materials provided or transported in connection with the Projcct <br />through said date except retainage, if any, and except: <br />2. The affiant below does hereby swear and attest that he/she has full authority to sign this documcnt <br />on behalf of the undersigned company and that the undersigned company will pay in full all of its <br />subcontraclors, suppliers and consultants for labor, services, equipment, materials provided or <br />transported in connzction with the Project through the date referenced in paragraph 1 above. The <br />undersigned affiant and company further acknowledge that Owner and its lenders or financing <br />sources are relying on this Conditional Affidavit, Lien Waiver and Release in connection with <br />processing and authorizing funding requests for paymcnt. <br />Dated this 28`h day of une 1999. <br />Company: Pence/Kell Construction Inc. <br />By: ~ <br />Title: Curt Pence - President <br />STATE OF OREGON) <br />) ss. <br />Coun~y of Marion ) <br />The foregoing instrument was acknowledged before me this 28°i day of une , 1999, by Curt <br />Pence : of Pence/Kellv Construction, Inc. a corporation on behalf of the cornoration . <br />OFF~CIAL SEAL <br />MATTHEH~ L SMITH <br />NOTARY PUBLIC - OREGON <br />COMM~SSION N0. 303013 Notary Public for Oregon <br />MY COA~MISSION EXPIRES JULY 14, 2001 My commission expires: .Tulv 14, 2001 <br />l~urin f,-I <br />