20090858 Ver 2_Monitoring Bond_20110907

01
Duplicate Original
MONITORING BOND
Bond No. 1055408
KNOW ALL MEN BY THESE PRESENTS;
Shamrock Environmental Corporation, 6106 Corporate Park Dr.,
That l Browns Summit l.NC_27214 as Principal, hereinafter called
Contractor, and Lexon Insurance Company ___ _as
Surety, hereinafter called Surety, are held and firmly bound unto EarthMark North Carolina, LLC
1960 Derita Road, Concord, North Carolina 28027
as obligee, hereinafter called Owner, in the penal sum of One Hundred Thousand Dollars and
00/100 Dollars ($100,000), for payment whereof Contractor and Surety hind themselves, their, heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Cape Fear Riparian Buffer Nutrient Mitigation
WHEREAS, Contractor has constructed: _ Umbrglla Bank (I3 nkl?C r Bank Parcel
In Orange County, North Carolina
In accordance with the General Conditions, the Drawings and Specifications, which Plans are by
reference incorporated herein including the Cape Fear Riparian Buffer Nutrient Mitigation
Umbrella Bank - Carl Lloyd Bank Parcel
and made a part hereof, and is referred Was the Plans,
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects
due to faulty materials or workmanship, and pay for any damage to other work resulting there from or
fails to perform annual monitoring reports acceptable to Obligee, which shall appear within a period of 5
years from the date of substantial completion of the work provided for in the Plans, then this obligation
to be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed de)etts with-...
reasonable promptness.
SIGNED and sealed the 4th day of _June$9892010
`nom
Shamrock Environmental Corporation y -
in the presence of.
C-?? w

Principal (,Scut) r
Q
By: si * r
704surance K's , PresidentTrtl^
Le Company
Surety
By:
Sheryo .inn, Att. ney-In-Fact
Duplicate Original
POWER OF ATTORNEY
L xon Insurance Company Lx - 75092
I;'`1OIA/ ALL MEN BY 1TESE PRESENTS, 110 LEXON INSURANCE COMPANY, Tex a' t I;or ,ti?ri, with its p iii r it> J Ater; in
Louisville, Kentucky, does hereby cofl:s`itWe and r-tppoint:
Brook Y Smith, Kathy l lobbs, Raymond M. I lundley, Jason D. Cromwell, James Ff. Martin, *"***
Sandra K Harper, Myrtie F. Henry, Virginia E. Woolridge, Deborah NekMen Jill Kemp, Jackie (a KoeMel, Sheryon Quinn ***************
its true and lawviiad Attorney(s)--I i I-act to ma° f xecw, , :seal ?girl Irli n for, am! on its behal ,;ucetY any and ;3!I bonds undedakings, or
other writings obligatory in nature of a uut)d.
87 is authority is made wdei and by %m :to it my _;i a !--sdution whist, was passed by Me °-ol. (d ,c1f LEXON
INSURANCE COMPANY on the ist clay, of July 200-3 a?- #cllc-nrs:
Resolved, that the Presidem of he Cot perry its hereby atAhcihedl t appoint ap d sr(Vo wer any repnese t.idve of the (_':jrnpany or
other pemon or persons as Attorney°lwFao to envus on b4lal°, of Me Company any i)unds. Urderl +Kir aJS, policieb, ntrads of indercriity
or other writings obligatory in naWre of a u_:Y n& to a s eta $ _,5°:lQ0U0 ou, Twu4nill o hvF, huridl , d tR ousand d di: % *Mich the Comp ny
might execute through it duly sleeted t ji>lr.j, , 3'' : MA the Seal 01 the Company R t 'h. Any said execution _t such Cdof;Urnent:; ley an
Attorne'y+-ln Fact shall be as boding upon We o :;;t;" y as If Nn v had rJeat d ii'y sneu ,ted and •a,..(i'J'wiad_J+. d b he Y6quiarly r 'e-ted
officers of the Company. r,i"3y li$tUfls'yJ in 04, Q api%o+{i .i d, may he rt lrii;'yrd fts3 good .::u:?` s idi tt9, -i..ilf9nnt; an gtw:,d may be Y';V!;kE-'+a
as specified in the Power o;Altorna?j.
.'. ^. i lade '"9r..?,7.7, and l•lit:d n•. to?i ?. of I±,; Pray ?S _ Y e 1Y(L;eU by t t T'1 ?,iltl ?C -! 1+1UFes, ' i) J_ t!
-?2:?oi?ed, Ch?.aC ?sigl+_tll:v of (,tom' t' c)PYIeJ
g. anted, anal the signature of ha t' cy p( n{, ..n , `?f to ' s wi : , do ';o of a. °; ey be allkol by t_+cAudle ro any c?r ?a iy suc s poiiwer
and any such power or csriificcie begA g _;.3 h fa 'svprle sIn i re -n d suai 6haH 1Je ' di,J i=o, l uindii?a on tY]'_ ` =+ir7? ?.:a .'Al-)y -,GB3 p3+ijer So
a _ ,! Ite!d and sealed and ce tif'.., Me so st s _ , i 90 „ng ad Ind wK, ou _ i 0 any / bJt"P:.I or v,, Qk g 43 R `'1 0 is l' . - L.,..,: . anii4 ue
to be valid and bdrlding on tha Co1`f!pany
ii i WFiNESS THEREOF LEXON Tl: URANCE t`t' PAPA"^s's Vas i sed Nis . ;_,w nm 0 be 0,00 by t'' ;s,dwr E! its
. orpo(aie aal to a ._ h Ced the 2nd day or y '<'.
i..EXCN INSUR;AMCE t;ONIPA.NY
J00 V.
?a A
TEXAS
/ i r I
C011111PAN'f ju
? 1-J?;voc1 f=. ?'ai(i?tbeld
1 ;J(ssider
ACKNOWLEDGEMENT
On 'tis 2nd day of Ji_III, J'J ,; ?e'J ffl personally J,Yse t 4:i r 7 (a((it I)el' it, ; l s fln?,Uf?, +iUfl( t c ,3C C1? II'I ai+J_,YYI, Clivl depose, --ind
say lot he is the ur?siclan? of LEXON 1?fSURANCE COMPANY, the cr?r" v, tio,! d :wr,i nd in art+.; 1ivhjcYi oxec;sited theaz,ove inst n.:ra ant; MM.
ne ,,: Gaged said iristri.me(a on behAf or Me ro po siion bly, a@!t ofli't of hit Zoe Lpde. Me B hws A said cupulil: n
"OFFICIAL SEAL"
PJAUREEN I AVE Naiary 1'rac, Stftteiof'fiJaca -- -- -
Nly Coaraarlission Extiirea Maureen rS ,=dare
CERTIFICATE Notary Pubk
i, the undersigned, Secmhry of LEXON INSURANCE COMPANY, A Texas losurarice G orrd,-aoy, 00 1 IE3REBY CER-f ii Y that the
on ji(3ai Power of Attorney of which the foregoing is a Nue and correct cop , is in ]Litt f` :ce and eff2Ct @nd has not been revoked and the
resolutions as set forth ara novai in force,
Signed and Sanded at i_ombarcl, liliriois ti s
A
TEXAS
INSURANCE
[ay of 20
Donald Lt. Buchanan
Sacretary
"'WARNING: Any person who knowingly and with intent to defraud any insurance company or other persona, files an application for insaaranace or
statemeni of claimer containing any materially false inforrnat'son, or conceals for the purpose of misleading, Information concerning any fact mated-,
al thereto, commits a fraudulent insurance act, whl h is a crime and subjects such persona to criminal and civil ;penalties."
LEXON Insurance Company
10002 Shelbyville Road, Suite 100, Louisville, KY 40223
Phone [phone] Pax [phone]
Bond Rider
Monitoring Bond - Cape Fear Riparian Buffer Nutrient Mitigation Unbrella Bank (Bank)
To be attached to and form a part of Carl Lloyd Bank Parcel in Orange County, North Carolina
Bond No. 1055408 Dated June 4th of 2010
Shamrock Environmental Corporation, 6106 Corporate Park Dr., Browns Summit, NC 27214 as Principal, and
Lexon Insurance Company as surety, in favor of EarthMark North Carolina, LLC
1960 Derita Road, Concord, NC 28027 as Obilgee.
It is understood and agreed that the Bond is changed or revised in the particulars as indicated below:
To change obligee:
Old Obligee New Obligee
EarthMark North Carolina, LLC
1960 Derita Road
Concord, NC 28027
EBX-EM, LLC
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117
To change bond amount:
Old Bond Amount
$100,000.00
New Bond Amount
$80,000.00
Said Bond shall be subject to all its terms, conditions, and limitations, except as herein expressly modified.
This Bond Rider shall become effective: June 4 2010
IN WITNESS WHEREOF, Lexon Insurance Company has caused its corporate seat to be hereunto
affixed ft: July 27, 2011
LEXON INSURANCE COMPANY
X22_
,?/'Atforney-in- act Sheryon Quinn
POWER OF ATTORNEY
Lexon Insurance Company LX- 0 9 2 71 2
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, James H. Martin,
Sandra F. Harper, Myrtie F. Henry, Virginia E. Woolridge, Deborah Neichter, Jill Kemp, Jackie C. Koestel, Sheryon Quinn, Dawson West, Bonnie J. Wortham *****
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
A
TEXAS •? ??/`.?y??//?
INSURANCE :Z BY ( ?l
COMPANY David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAM"
r
MAL'REEN K. AYE Notary Public, State of Illinois
My Commission Expires 09/21/13 Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this Day of 201/
??RANCF..
A
TEXAS
INSURANCE z
COMPANY _ C
Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
LX1