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Selective Insurance Company of America <br />40 Wantage avenue, Bond SBU <br />Branchville, New Jersey 07890 <br />973-948-3000 <br />PERFORMANCE BOND <br />Queen Construction, Inc <br />KNOW ALL MEN BY THESE PRESENTS, that (Here insert full name and address or legal title of Contractor) <br />McQueen Construction, Inc. <br />Of 619 Patrick Rd., Bahama, NC 27503 <br />as Principal, hereinafter called Contractor, and, (Here insert full name and address of legal title of Surety) <br />SELECTIVE INSURANCE COMPANY OF AMERICA, Wantage Avenue, Branchville, NJ 07890 <br />as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) <br />Orange County, PO Box 8181, Hillsborough, NC 27278 <br />as Obligee, hereinafter called Owner, in the amount of <br />Four Hundred Ninety Eight Thousand Nine Hundred Ninety Two Dollars Dollars (~ q9e, 992. o0 <br />for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and <br />assigns, jointly and severally, finely by these presents. <br />WHEREAS, <br />Contractor has by written. agreement dated oeee~er 17 Zoos ,entered into a contract with Owner for <br />Twin Creeks Greenway <br />in accordance with Drawings and specifications prepared by (Here insert full name and address or legal title of Architect) <br />which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION <br />is such that, if Contractor shall promptly and faithfully perform said <br />Contract then this obligation shall be null and void, otherwise it shall <br />remain in full force and effect. <br />The Surety hereby waives notice of any alteration or extension of <br />time made by the Owner. <br />Whenever Contractor shall be, and declared by owner to be in <br />default under the Contract, the Owner having performed Owner's <br />obligations thereunder and having provided Surety with notice of said <br />default, the Surety may promptly remedy the default, or shall promptly <br />1) Complete the Contract in accordance with its terms and <br />conditions, or <br />2) Obtain a bid or bids for completing the Contract in <br />accordance with its terms and conditions, and upon determination by <br />Surety of the lowest responsible bidder, or, if the Owner elects, <br />upon determination by the Owner and the Surety jointly of the lowest <br />responsible bidder, arrange for a contract between such bidder and <br />Signed and Sealed this ~~ <br />Owner, and make available as Work progresses (even though there <br />should be a default or a succession <br />of defaults under the contract or contracts of completion arranged <br />under this paragraph) sufficient funds to pay the cost of completion <br />less the balance of the contract price; but not exceeding, including other <br />costs and damages for which the Surety may be liable hereunder, the <br />amount set forth in the first paragraph, hereof. The teen "balance of <br />the contract price," as used in this paragraph, shall mean the total <br />amount payable by owner to Contractor under the Contract and any <br />amendments thereto, less the amount properly paid by Owner to <br />Contractor. <br />Any suit under this bond must be instituted before the expiration of <br />two (2) years from the date on which final payment under the Contract <br />falls due. <br />No right of action shall accrue on this bond to or for the use of any <br />person or corporation other than the Owner named herein or the heirs, <br />executors, administrators or successors of the Owner. <br />day of December <br />i <br />(Witness) <br />(Witness) <br />Bond No. Bl°78521 <br />2009 <br />(Princip (Seai) <br />l1 ~` <br />(Ti e) <br />Selective Insurance Company of America <br />Surety) (S 1) <br />r <br />(Title) torney-in-Fact Chavonne C. Hill <br />SENQ ALL CLAIM NOTICES TO: <br />Selective Insurance Co. of America <br />Bond Claims <br />40 Wantage Avenue <br />Branchville, NJ 07890 <br />B207 (09/04) <br />