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CONDITIONAL AFFIDAVIT, LIEN WAIVER AND RELEASE
<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 that,
<br />when a check for $ 934,907.35 has been properly endorsed and has been paid by the bank
<br />upon wliich it is drawn, it has been paid in full for all labor, services, equipment and materials
<br />provided or transported in connection with the Project through August 31 , 1999, except
<br />retainage, if any, and hereby fully and unconditionally waives and releases any and allright to
<br />payment, liens, claims of lien, rights to lien, bond claim rights, or any other claims or demands for
<br />labor, services, equipment, materials provided or transported in connection with the Project
<br />through said date except retainage, if any, and except:
<br />2. The ~ant below does hereby swear and attest that he/she has full authority to sign this document
<br />on behalf of the undersigned company and that the undersigned company will pay in full all of its
<br />subcontractors, suppliers and consultants for labor, services, equipment, materials provided or
<br />transported in connection with the Project through the date referenced in paragraph 1 above. The
<br />undersigned ~ant and company further acknowle~ge that Owner and its lenders o* finsncinb
<br />sources are relying on this Conditional ~davit, Lien Waiver and Release in connection with
<br />processing and authorizing funding requests for payment.
<br />Dated this 27`~ day of Au~ust 1999.
<br />Company: Pence/Kelly Construction, Inc.
<br />_ BY~
<br />TiUe: Dave Havs - Proiect Mana~er
<br />STATE OF OREGOI~
<br />) ss.
<br />County of Marion )
<br />The foregoing instrument was acknowledged before me ihis 27`~ day of AuQust , 1999, by
<br />Dave Hays : of Pence/Kellv Construction, Inc. a corporation on behalf of the cornoration .
<br />i '~'
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<br />~ /'"~~"'°:~ ^uFFICi,aL S~AL i~. >r'~ '
<br />~`~ '~ ~c~.T'7HEM` ~ SHlil2'F€
<br />; ~~ti~`~;~ i~c~lkFs!' FUC~;.~C - OREC,tJts Notary Public for Oregon
<br />~ ~ C~7M~~A1"sSi~~i ir~. ;s03o1~ My commission e~cpires: July 14 2001
<br />h~Y GQ~k~11SS1~~~~ !~XPiR~S :'~•.Y t4, fOQ9 '
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<br />Fonn E.1
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