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FORM OF PERFORMANCE BOND B 1072371 <br />l3~nd# <br />Date of Contract: September 17, 2009 <br />Date of Execution: September 17, 2009 <br />Name of Principal McQueen Construction, Inc. <br />(Contractor) <br />Selective Insurance Company of America <br />Name of Surety: <br />Orange County, NC <br />Name of Contracting <br />Body: <br />Amount of Bond • Nine Hundred Eighty-Six Thousand and 00/100 Dollars ($986,000.00 <br />Orange County, Fairview Community Park <br />Project <br />KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above <br />named, are held and firmly bound unto the above named contracting body, hereinafter <br />called the contracting body, in the penal sum of the amount stated above for the payment <br />of which sum well and truly to be made, we bind, ourselves, our heirs, executors, <br />administrators, and successors, jointly and severalty, firmly by these presents. <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal <br />entered into a certain contract with the contracting body, identified as shown above and <br />hereto attached: <br />NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the <br />undertakings, covenants, terms, conditions and agreements of said contract during the <br />original term of said contract and any extensions thereof that may be granted by the <br />contracting body, with or without notice to the surety, and during the life of any guaranty <br />required under the contract, and shall also welt and truly perform and fulfill all the <br />undertakings, covenants, terms, conditions and agreements of any and all duly authorized <br />modifications of said contract that may hereafter be made, notice of which modifications to <br />the surety being hereby waived, then, this obligation to be void; otherwise to remain in full <br />force and virtue. <br />IN WITNESS WHEREOF, the above-bounden parties have executed this <br />instrument under their several seals on the date indicated above, the name and corporate <br />seal of each corporate party being hereto affixed and these presents duty signed by its <br />undersigned representative, pursuant to authority of its governing body. <br />Executed in four counterparts. <br />