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CONDITIONAL AFFIDAVTT, 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 $ 1.402,564.00 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 transported in connection with the Project through November 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, 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 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 />transported 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 this Conditional Affidavit, Lien Waiver and Release in connection with <br />processing and authorizing funding requests for payment~ <br />Dated this 24~' day of November 1999. <br />Company: Pence/Kelly Construction, Inc. <br />By: <br />Title: Dave Havs - Proiect Manager <br />STATE OF OREGOl~ <br />) ss. <br />County of Marion ) <br />The foregoing instrument was acknowledged before me this 24" day of November , 1999, by <br />Dave Havs : of Pence/Kelly Construction, Inc. a cornoration on behalf of the coraoration . <br />,~ <br />OFfICIAI SEAL <br />MATTHEW L SMfTH <br />NOTARY PUBLIC - OREGON " <br />~ COMMISSION N0, 303013 Notary Public for Oregon <br />MY COMMISSION EXPiRES JULY 14, 2001 My commission expires: Julv 14, 2001 <br />Form E.1 <br />