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20120900 Ver 2_Travelers Surety Bonds_20180719
Strickland, Bev From: Nick Ivancic <nivancic@cubehydro.com> Sent: Thursday, July 19, 2018 3:43 PM To: Higgins, Karen; Eli Hopson Cc: Jody Smet - CHC; Dewight Flinch Subject: RE: [External] Yadkin bond replacement Attachments: Cube Yadkin Generation - Travelers Surety Bond 106951218.pdf; Cube Yadkin Generation - Travelers Surety Bond 106951219.pdf Karen, shall we send the original bonds directly to you at 512 N. Salisbury? PDFs of each replacement bond are attached. Thanks Nick From: Higgins, Karen [mailto:karen.higgins@ncdenr.gov] Sent: Wednesday, July 11, 2018 10:51 AM To: Eli Hopson <ehopson@cubehydro.com> Cc: Jody Smet - CHC <jsmet@cubecarolinas.com>; Nick Ivancic <nivancic@cubehydro.com> Subject: RE: [External] Yadkin bond replacement Eli - Thanks for the heads up, I will look for the bond to review and accept. As long as the bond is from a surety company that is rated no less than an "A-" by A.M. Best there should be no problems on our end. Thanks- Karen hanks- Karen Karen Higgins 401 & Buffer Permitting Branch Supervisor Division of Water Resources Department of Environmental Quality (919) 807-6360 office karen.higginsamcdenr.gov httos:Hdea. nc.aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 512 N. Salisbury Street (Archdale Building), Suite 942-E, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Eli Hopson [mailto:ehopson@cubehydro.com] Sent: Tuesday, July 10, 2018 2:26 PM To: Higgins, Karen <karen.higgins@ncdenr.gov> Cc: Jody Smet - CHC <jsmet@cubecarolinas.com>; Nick Ivancic <nivancic@cubehydro.com> Subject: [External] Yadkin bond replacement Karen, Hope this note finds you well. I wanted to reach out and let you know that we will be switching bond providers from Chubb to Travelers in the near future. There will be no change in the bond coverage. We're still moving through the process of finalizing, and will send it to you for your review and acceptance, and release of the prior bond. Please let me know if you have any questions or would like to discuss. Thanks, -Eli Eli W.L. Hopson I Vice President for Legal, Regulatory, and Policy Cube Hydro Partners, LLC Two Bethesda Metro Center I Suite 1330 1 Bethesda MD 20814 Work: 240.482.2714 Mobile: 202.368.0828 This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose, distribute or copy any part of this message. *THIS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND #82380341 Annually Renewable Monitoring Bond KNOW ALL MEN BY THESE PRESENTS: That Principal), and Travelers C held and firmly bound unto S urety C orth Caroli Yadkin C of Americ vi BOND# 106951219 ;neration LLC (hereinafter called the (hereinafter called the Surety), are �nment Resources hereinafter called the Obligee), in the full and j UN sum of Three Hundred Thousand Dollars ($300.000.00), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has issued in writing Certification No. 4035 to Principal dated the 2— day of October, 2015, identified as the 401 Water Quality Certification ("Certificate") which is hereby referred to and made a part hereof, and WHERAS, pursuant to Condition of Certificate # 11: "Financial Assurance," financial assurance in the form of an annual Monitoring Bond is required to provide coverage of only the ongoing costs of performing water quality monitoring as specificed in Condition of Certificate #12: "Dissolved Oxygen Enhancements and Monitoring" and Condition of Certificate #10: "Additional Monitoring," but no other obligations or standards set forth in the Certificate (the "Bonded Obligations"). NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform the Bonded Obligations referred to above as required by the Certificate at the time and in the manner specified during the applicable term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, notwithstanding anything in the Certificate that is or maybe construed to the contrary, examples of obligations not covered by this bond include but are not limited to the timely submission Aplans, contribution of services toward water quality, efficiencies of the improvements and/or upgrades, and satisfaction of desired water quality standards. PROVIDED, HOWEVER, that this bond is subject to the following conditions: 1. This bond is for the term beginning July 11, 2018 and ending July 11, 2019. The bond may be extended for additional terms at the sole option of the Surety, by continuation certificate executed by the Surety. Surety shall give notice to the Obligee 30 days before the expiration date of this bond or the then current continuation certificate of Surety's election not to extend or continue the bond beyond such expiration date. Obligee agrees that it shall have no right to make a claim on the bond solely as the result of Principal or Surety's failure to extend, renew, or replace the bond. 2. This bond is conditioned such that if the Principal shall fail to perform the Bonded Obligations in accordance with the terms of said Certificate and is in default of such Bonded Obligations, the Surety's liability on this bond shall be only to provide funds for the cost to complete the Bonded Obligations under the Certificate in accordance with the plans and specifications up to the penal sum of the bond. Under no circumstances is the Surety obligated to complete the work, arrange for its completion or in any way assume responsibility directly or indirectly, for the Bonded Obligations, or any other work or obligations, required to be performed by the Principal under the Certificate. *THIS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND 482380341 BOND# 106951219 3 . Any claim, action, suit or proceeding against the Surety on this instrument must be brought or instituted within the time period specified in the North Carolina General Statutes. 4. No right of action shall accrue on this bond to or for the use 0f any person or corporation other than the Obligee named herein or the administrators or successors of Obligee. 5 . The aggregate liability of the Surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 6. This bond maybe canceled at any time upon ninety (90) days advance written notice from the Surety to the Obligee and the Principal. In the event such notice is sent, the Surety's liability under this bond shall terminate at the expiration of ninety (90) days from the date of receipt of such notice, but such termination shall not relieve the Surety of liability for defaults arising prior to the effective date of such cancellation. 7. If any ambiguity, conflict orinconsistency exists between the terms and conditions of this bond and the terms and conditions of the Certificate, then the terms and conditions of this bond shall prevail in the interpretation and application of the obligations, if any, of the Principal and/or Surety under this bond. 8 . No provision of this bond shall be construed against, or interpreted to the disadvantage of, any party hereto by any court or other government or j udicial authority or any other person or entity by reason of any party or parties having or being deemed to have structured or dictated such provision. 9. This bond shall not bind the parties unless the bond is executed bythe Obligee, Principal and Surety. The acknowledgement and acceptance of this bond is demonstrated byfull execution where indicated below. If this bond is not executed by each of the parties below, this bond shall be null and void. Signed and sealed this 11th da of July, 2018. A,�e,�w Glrssm� Witness Witness hn R. Collins, President Travelers Casual and Suret E. Patrick Hennes Compan of America Attorney -in -Fact *THIS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND 482380341 BOND# 106951219 THE ABOVE TERM5 AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE). ACKNOWLEDGED AND ACCEPTED BY OBLIGEE: PLEASE RETURN A COPY OF ACCEPTED BOND TO. BY: TRAVELERS SURETY 4650 WESTWAY PARK BLVD. HOUSTON, TX 77041 PRINTED NAME/TITLE: ATTN: VIRGINIA CARUS O DATE: Attorney -In Fact No. -�� WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �e POWER OF ATTORNEY S� � Farmin ton Casualt Com an g Y P Y Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 232120 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �e����a�e �o. 0 0 7 214 9 01 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 E. Patrick Hennesy, and Elizabeth K. Denby of the City of HOustOri ,State of Texas ,their true and lawful Attorneys) -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 May � 2017 State of Connecticut City of Hartford ss. 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 G ��'�•-1 hSli� �Q ,. - • •. 9 �- �p R P df�,y T�:?C! �: ,... ��.SEAL,�Qh �a •. a , lS • �J,N�,," 2nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ,r` ¢ , w4G�pPORgTf � � � w.� ; (? :� :��:.SE�.i:`3 q•.'•.,, �'-0ar By: u� JA�,ty AND G w HARTFORD, � � CQNN. o s ya y b� * *� �...- Robert L. Raney, Senior Vice President ''''� a� .� On this the 2nd day of May � 2017 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. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �. �� WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 m hand and affixed the seals of said Com anies this � I da ofy ` r Y r y � , 2• G/�5 U,�� t � 1 9 8 Z�' o 's�*C'�,,.�,b �y * k� � ;CpRPOq�TF c�� ""' ;m �� S�A.L.i�n �.; �S . �H'; r R JP,... .,., yy.,^, '�G�' RPR '. .O w : CO ATS'. t^ 6�. SE,�L �`3 �r�,a•,:�••.,,, ..a ''�:S ��� •*� Kevin E. Hughes, Assistant S uP JP�,sv qNQ� SG a HARTFORD, � � CONN. o d ,�a � �� � ti� s' tart' ,�,� b�~���A�r� I ��� ��'�� � HRt3i'F6 � c ��� co�rr. � � N Y896 �'� w `+'? � aN'i�� 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 BORDE CERTIFICATE_ OF ACKNOWLEDGMENT State of It County of Harris Before me, Ahide H. McGuffie, on this day personally appeared E. Patrick Hennesy III, known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 11TH day of JULY , 2018. .���P•RY•pV8 ���. �.io.• ••��. Notary Public, state of Texas •0amaa-2020 comm. Expires �'�•,',rFoF��;`,� 10317070 Natdry !© (Personalized Seal) Nota Public's Sign State of Maryland County of Montgomery Before me, q IiiTIFICATE or ACKNOWLEDGEIVIEIVT on this da personally appeared Y p Y p p S, known tome (or proved to me on the oath of or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (Personalized Seal) day of July, 201Z5. (Votary Public's Signature Claudia G. Eva�t� Notary Public My commission expire � �? *TMS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND 482380340 KNOW ALL MEN BY THESE PRESENTS: Principal), as principal and Travelers Casualt Surety), as surety are held an and Division of Water Reso E1Lht Million Fi Surety Bond d firmly bound unto North Carob BOND #100951218 ion LLC (hereinafter called the merica (hereinafter called the n T . 1 r\ 1 G. rces (hereinafter called the Obligee), as obligee in the full and just sum of Dollars ($ 28,500,000.00), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has issued in writing Certification No. 4035 to Principal dated the 2— day of October, 2015, identified as the 401 Water Quality Certification ("Certificate") which is hereby referred to and made a part hereof, and WHEREAS, pursuant to the Certificate, financial assurance in the form of a Surety Bond is required to provide coverage of only the construction of the planned improvements referred to as only the installation and/or upgrades set forth under Condition of Certificate #12: "Dissolved Oxygen Enhancements and Monitoring" and of no other obligations or standards set forth in the Certificate (the "Bonded Obligations"). NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal, its administrators, successors and/or assigns shall faithfully perform the Bonded Obligations referred to above, according to the applicable terms, stipulations or conditions of the Certificate, then this bond shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, notwithstanding anything in the Certificate that is or may be construed to the contrary, examples of obligations not covered by this bond include but are not limited to: i.) Any and all obligations surrounding the operation, monitoring, evaluation, reporting, timely submission of action plans; ii.) Installation of upgrades that have alreadybeen completed as of the signed and sealed date of this bond; and/or iii.) Anyresulting water quality measurements, after the installation and/or construction of the water quality improvements, and whether they satisfy the water quality standards as referenced in the Certificate. This bond is conditioned such that if the Principal shall fail to perform the Bonded Obligations in accordance with the terms of said Certificate and is in default of such Bonded Obligations, the Surety's liability on this bond shall be only to provide funds for the cost to complete the Bonded Obligations under the Certificate in accordance with the plans and specifications up to the penal sum A the bond. Under no circumstances is the Surety obligated to complete the work, arrange for its completion or in any way assume responsibility directly or indirectly, for the Bonded Obligations, or any other work or obligations, required to be performed by the Principal under the Certificate. Any claim, action, suit or proceeding against the Surety on this instrument must be brought or instituted upon the Surety within the time prescribed by the North Carolina General Statutes. *THIS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND 4f82380340 In no event shall the Surety be liable for fines, penalties, liqui against the Principal. BOND #106951218 dated damages, or forfeitures assessed No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the administrators or successors of Obligee. The aggregate liability of the Surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. Any request to modify the amount of this bond, must be submitted, in writing, for approval to the Surety. The Surety retains sole discretion on approval or refusal of any requested modification of this bond. The refusal of the Surety to modify the amount of this bond does not relieve the Principal of its obligations to maintain continuous financial assurance. Any modification of this bond must also comply with Condition A Certificate #11.F. The Obligee agrees that it shall have no right to make a claim on this bond solely as the result of the Principal or Surety's refusal of any requested modifications to this bond. This bond may be canceled at any time upon ninety (90) days advance written notice from the Surety to the Obligee and the Principal. In the event such notice is sent, the Surety's liability under this bond shall terminate at the expiration of ninety (90) days from the date of receipt of such notice, provided, however, that the Obligee must agree to such cancellation. Such cancellation shall not relieve the Surety of liability F( r defaults arising prior to the effective date of such cancellation. Obligee agrees that it shall have no right to make a claim on this bond solely as the result of Principal or Surety's failure to extend, renew, or replace this bond. If any ambiguity, conflict or inconsistency exists between the terms and conditions of this bond and the terms and conditions of the Certificate, then the terms and conditions of this bond shall prevail in the interpretation and application of the obligations, if any, of the Principal and/or Surety under this bond. No provision of this bond shall be construed against, or interpreted to the disadvantage of, any party hereto by any court or other government or judicial authority or any other person or entity by reason of any party or parties having or being deemed to have structured or dictated such provision. This bond shall not bind the parties unless the bond is executed by the Obligee, Principal and Surety. The acknowledgement and acceptance of this bond is demonstrated by full execution where indicated below. If this bond is not executed by each of the parties below, this bond shall be null and void. Signed and sealed this day of July , 2018 A r Witness _ J , 'n R. Collins, President Travelers Casualty and Surety Comx v Witness .Patrick Henne any of Americ Attorney -in -Fact 'THIS BOND REPLACES AND SUPERSCEDES FEDERAL INSURANCE BOND #82380340 BOND R106951218 THE ABOVE TERM5 AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE). ACKNOWLEDGED AND ACCEPTED BY OBLIGEE: PLEASE RETURN A COPY OF ACCEPTED BOND TO: BY: TRAVELERS SURETY 4650 WESTWAY PARK BLVD. HOUSTON, TX 77041 PRINTED NAME/TITLE: ATTN: VIRGINIA CARUS O DATE: WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 �_ � � N '�,, �aaPOR� � s �: T� �'f ��S�A�,�o`' d�; •.,,, �a� s Kevin E. Hughes, Assistant UPJP`,TV RN4� G9 w HANiFORD, � � CONN. o d ,�a � �� x r� �'.•�•, :• 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 Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 232120 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company c.�ur�a�rvo. ��72149�� 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 E. Patrick Hennesy, and Elizabeth K. Denby of the City of HOUStOri ,State of Texas ,their true and lawful Attorneys) -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 May 2017 State of Connecticut 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 WCOApdRATED 1951 _ N �E; ��Qr*R P 0 �s�' 1 � i�0 R,� ���� �� SEAQ �° k� �S�. l:N�..T 2nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: u� JA�,TY Alyo� `' SG w HARTFORD, � ,, C4NN. o° s ys y �� � *� City of Hartford ss. Robert L. Raney, Senior Vice President On this the 2nd day of May � 2017 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. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. ��� C . �' Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER -� - � -- CERTIFICATE OF ACKNOWLEDGMENT State of It County of Harris Before me, Ahide H. McGuffie, on this day personally appeared E. Patrick Hennesy III, known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 11TH day of JULY , 2018. .•••'""'��. AHIDE H. MCC�UFFIE ;io:• •:% v Notary Public, State of Texas ' • Comm. p ' ' Ex ires 04-04-2020 OF'��`` Notary !D 10317070 (Personalized Seal) Notary Public's Signa State of Maryland County of Montgomery Before me, CERTIFICATE or ACKNOWLEDGEMENT on this day personally pp ersonall appeared known to me (or proved to me on the oath of or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (Personalized Seal) day Notary Pu mblic My comission expires z�2� of July, 2o1s. Cl Notary Public's Signature Claudia G. Evan