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UNCONDITIONAL AFFIDAVIT, LIEN WAIVER AND RELEASE 1. With reference to construction of the Courthouse Square Project on the site at Court & High Streets, Salem, Oregon (the "Project"), the undersigned for value received, acknowledges that it ``-~ has been paid in full for all labor, services, equipment and materials provided or transported in connection with the Project through March 31" , 1999, except retainage, if any, and hereby fully and unconditionally waives and releases any and all right to payment, liens, claims of lien, rights to lien, bond claim rights, or any other claims or demands for labor, services, equipment, materials provided or transported in connection with the Project through said date except retainage, if any, and except: 2. The affiant below does hereby swear and attest that he/she has full authority to sign this document on behalf of [he undersigned company and that the undersigned company has paid in full all of its subcontractors, suppliers and consuitants for labor, services, equipment, materials provided or transported in connection with the Project through the date referenced in pazagraph 1 above. The undersigned affiant and company further acknowledge that Owner and its lenders or financing sources are relying on this Unconditional Affidavit, Lien Waiver and Release in connection with processing and authorizing funding requests for payment. Dated this 28`~ day of Aaril 1999. Company: ence/Kell nstruction Inc. By: Title: Dave Havs - Proiect ManaQer STATE OF OREGON) ) ss. County of Marion ) The foregoing instrument was acknowledged before me this 28~' day of Auril , 1999, by Dave Havs : of PencelKellv Construction. Inc. a cornoration on behalf of the coraoration . OFFICIAL SEAL MATTHEW L SMITH ~ ; ,j NOTARY PUBLIC - OREGON COMMISSION N0. 303013 Notary Public for Oregon MY COMMiSSION EXPIRES JULY 14, 2001 My commission expires: Julv 14, 2001 ~ Form E.2