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Home My WebLink About20120144 Ver 2_Monitoring Bond_20160525PERFORMANCE BOND Travelers Casualty and Surety Company of America FOR MONITORING One Tower Square, Hartford, CT 06183 Bond No. 106405077 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings II, LLC, Charlotte, NC., as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environmental Quality — Division of Water Resources (Obligee), in the penal sum of One Hundred Thousand & no/100---------------------($100,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreement with the above named Obligee, effective the 2 day of April, 2015 , for Caraway Creek Bank Parcel — WEI Neuse 01 Riparian Buffer & Nutrient Umbrella Mitigation Bank located in a rural watershed within the Neuse River Basin in the State of North Carolina, United States Geological Survey ("USGS" Hydrologic Unit code 03020201 and within sub -basin 03-04-12. This bond commences with initiation of the monitoring obligations contained in the Agreement. Such monitoring is more fully described in Tasks 4 through 9 of said Agreement, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Contract, the term of this bond shall apply from 5/13/2016 until 11/30/2017 and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 13 day of May, 2016 Witness Witness WILUILANDS HOLDINGS II LLC Principal ,--JTra sualt ,and Suretv Company of America Phoebe C. Honeycutt, Attorney -in -Fact BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Agreed and acknowledged this 2(c. day of a lRd.t 2016 Durham, NC 27703 By: — J /J Obligee S-5025 (08-99) I, , WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER mo. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230519 Certificate No. 006665742 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Angela B. Britt, Richard V. Haar Jr., Phoebe C. Honeycutt, Kenneth J. Peeples, Heather Burroughs, Neil B. Biller, Bobbi D. Pendleton, Christopher A. Lydick, Julia C. McElligott, Adam Pfanmiller, and Jason Lee Sayers of the City of Durham , State of North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February , 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 25th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ASU � °�F\RE I •..+•+..'^wy 1Yq M O .� $$,,��,�''pp}}�� *N NS • 1 Il+s� N TY �' �)` G3'�t�'0u�v J� 'y°c O� �....... Gy �+'jP,.........A9.y`: eJv`• o9L �aµ031WFty� ��pF.V gNOC fC�R PORq>f� 3Qi RPORA �'. 9� r, b 1 9 8 2, o O d m; s = z• WtgtFOR0. '� RcrosaRgrt�$ . � : a HARTFORD, 19$'1 �. 1 „� �•SEAL,:o? IS;SEAL:`01 y coRN. o ��cavN. �e� 0 1896 ry ' !`N � }�� nuv nm ncE tSwMN..-'� is .......: *a rdt aaat �t..,I��y��T �'•�� A�� A a� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 25th day of February , 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. W My Commission expires the 30th day of June, 2016. L�G # 58440-8-12 Printed in U.S.A. anis► C . Marie C. Tetreault, Notary Public D WITHOUT THE RED BORDER EY IS INVALID This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of Kk4 120 1 V+ Kevin E. Hughes, Assistant Sec tary 4/.SU,��J � FFRE 60e.. \*N INS.G .p+ �NSYq ci JptTT ANO A15111)!Th 4JitY.�,� � Opppq� � ♦°O�'�-0?e .'ash QO: '......., y �r� ......... 4 9 sG � c �\O C 1982 0 � i9%% COAPORATED � my �l .m Waco rf:tm'- 3 ,� �IKAa'LSp1E0 ��,, �� £: . n t W NANTFORD, i t1A9TFtlW1, �b`"'kaD 1951�,i�oa* `1SEAL,o SEA.L,;Dg° CONN. ro@, Caws. 1896 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER