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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 $ 220,550.00 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 Auril 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 c(aims 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 28~' day of Aaril 1999. <br />Company: ceJK Il Construction Inc. <br />By: <br />Title: Dave Havs - Proiect Manager <br />STATE OF OREGON) <br />) ss. <br />County of Marion ) <br />The foregoing instrument was acknowledged before me this 28~ day of Auril , 1999, by Dave <br />Havs : of PenceJKellv Construction, Inc. a cornoration on behalf of the cornoration . <br />OFFICIAL SEAL <br />MATTHEW L S~UTH ~ <br />.. ;` ivOTARY PUBLIC - OREGON <br />COIAMISSION N0. 303013 Notary Pu lic for Oregon <br />i~Y COA~MISSION EXPIRES JULY 14, 2001 My commission expires: July 14, 2001 <br />Form E.1 <br />