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CONDITIONAL AFFIDAVIT, LIEN WAIVER AND RELEASE <br />._ 1. 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 $ 930,212.65 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 transported in connection with the Project through Seotember 30 , 1999, except <br />retainage, if any, and hereby fully and uncondidonally waives and. releases any and all right to <br />payment, liens, claims of lieq rights to lieq 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 />The affiant 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 />uansported in connection 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 ttus Conditional Affidavit, Lien Waiver and Release in connection with <br />processing and authorizing funding requests for paymen~ <br />Dated this 6~ day of October 1999. <br />Company: Pence/Ketiv Construction, Inc. <br />By: <br />Tide: Dave Havs - Proiect ManaQer <br />STATE OF OREGOI~ <br />) ss• <br />County of Marion ) <br />The foregoing instrument was acknowledged before me this 6w day of October , 1999, by <br />Dave Havs : of Pence/Kellv Constrvction, Inc. a cornoration on behalf of the coraoration . <br />OFFICIAL SEAL <br />ARATTHEW L SMITH <br />NOTARY PUBLIC - OREGON - <br />COMMISSlON N0. 303013 No Public for Oregon <br />MY CONFA!S;IOh EXP!RES JULY 14, 2001 My commission expires: Julv 14, 2001 <br />Form E.1 <br />