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CONDITIONAL AFFIDAVIT, LIEN WANER 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 $ 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 Anri130`~ , 1999, except <br />retainage, if any, and hereby fully and unconditionally waives and releases any and all right to <br />payment, liens, claims of tien, 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 helshe has full authority to sign this document <br />an behalf of the undersigned company and that the undersigned company will pay in full all of its <br />subcontractors, suppliers and consul[ants 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 ihat 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 April 1999. <br />Company: ce/K ll Construction Inc. <br />By: <br />Title: Dave Havs - Pro.iect Mana~er <br />STATE OF OREGON) <br />) ss. <br />County of Marion ) <br />The foregoing instrument was acknowledged before me this 28~' day of Aaril , 1999, by Dave <br />Havs : of Pence/KellY Construction, Inc. a cornoration on behalf of the coraoration . <br />OFFICIAL SEAL <br />MATTHEW L SMlTH ~ <br />., ,~ t~OTARY PUBIIC - OREGON <br />COAIMISSION N0. 303013 Notary Pu lic for Oregon <br />~IY COA~MIS310N EXPiRES JULY 14, 2001 My commission expires: Tulv 14. 2001 <br />Form E.1 <br />