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Bond No <br />UNITED PACIFIC CDWPANY <br />HOME OFFICE, TACOMA, WASHINGTON <br />PERFORMANCE BOND <br />The American Institute of Architects, AIA Document A311, February 1970 Edition. <br />KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) <br />Cyclone Roofing Company <br />Post Office Box 1279, Matthews, North Carolina 28106 <br />as Principal, hereinafter called Contractor, and, UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, <br />with its Home Office at Tacoma, Washington, as Surety, hereinafter called Surety, are held and firmly bound .unto (Here insert full name <br />and address or legal title of Owner) County of Orange, North Carolina <br />Hillsborough, North Carolina <br />as Obligee, hereinafter called Owner, in the amount of Twenty -seven Thousand Three Hundred and No /1UO <br />Dollars ($ 27 ,300.00 ----- ), for the payment whereof Contractor <br />and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. <br />WHEREAS, Contractor has by written agreement dated January 21 19 92 , entered into a contract with Owner for <br />Orange County Recreation Center, Hillsborough, N.C. <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 is such that, if Contractor shall promptly and faithfully perform <br />said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. <br />The Surety hereby waives notice of any alteration or extension of time made by the Owner, <br />Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's <br />obligations thereunder, the Surety may promptly remedy the default, or shall promptly <br />1) Complete the Contract in accordance with its terms and conditions, or <br />2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety <br />of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible <br />bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de- <br />fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the <br />cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may <br />be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, <br />shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly <br />paid by Owner to Contractor. <br />Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the <br />contract falls due. <br />No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or <br />the heirs, executors, administrators or successors of Owner. <br />Signed and sealed this <br />21st <br />Z <br />�9, - <br />itness) <br />fitness) <br />Performance Bond <br />Revised to February, 1970 <br />SB 5715ax (1) Printed in U.S.A- <br />G'7)1.I ?pnp F -7.71 <br />day of Janaury <br />CYCLONE ROOFING COMPANY <br />jx--/ (Principal) <br />resident <br />R. Wayne COpke (Title) _ <br />ITE IFIC INSURANCE_CQ.kAFANY <br />(Title) " - <br />Attorney -Fact <br />1992 <br />(Seal) <br />