NoticeCal. Super. - 6th Dist.May 22, 2018Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/6/2018 2:09 PM Reviewed By: V. Taylor Case #18CV328635 Envelope: 2142691 18CV328635 Santa Clara - Civil V. Taylor \OOONONUI-h 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on October 30, 201 8, recorded its Bond to Release Mechanic’s Lien in the Official Records of Santa Clara County. A true and correct copy of the recorded Bond is attached hereto, marked Exhibit A, and is incorporated herein by this reference. Dated: November 5, 201 8 RAMSEY LAW GROUP, APC B y f “14,4"y .. Stephen . Judson ' 3 Attorneys for Defend t and Cross- Complainant 3740 E1 Camino Real, Inc. -2- NOTICE 0F RECORDING 0F BOND T0 RELEASE MECHANICS LIEN [CIV. CODE § 8100, et seq.; § 8424] Exhibit A RECORDING REQUESTED BY 24052217 gsgtlnglnlcogengras h a al‘a - "' 10/30/2018 10?:2 {'1 Cierk Recorder AND WHEN RECORDED’MA‘LW CONFORMED COPY Name 3740 ELCAMINO REALJNC. A Copy of document recorded Has not been compared ultfi original. '1 Street Addrus 5542 lMumersy Rd‘ 1‘ 21 T C“? 3‘ sen Jose, CA 95138 S(nfe SPACE ABOVE THIS LINE FOR RECORDER‘S USE ?W‘ SureTec Insurance Company‘m‘4 t 3033 Fifih Avenue, Suite 300, San Diego, CA 921 03 | 619-400-4100 S u re"??? 3:; www.SureTec.com BOND TO RELEASE MECHANIC’S LIEN KNOW ALL MEN BY THESE PRESENTS: That we, 3740 EL CAMINO REAL. INC. ,asPrincipal, and SureTec Insurance Company, a corporation organizod and doing business under and by virtue of the law of the State of Texas and duly licensed to conduct surety business in the State of California, as Surety, arc held and firm 1y bound unto SOUTHLAND CONSTRUCTION MANAGEMENT INC. , as Obligee, inthe sum of TWO HUNDRED EIGHTY THOUSAND TWO HUNDRED TWENTY FOUR 8: 65/1 00THS DOLLARS ($ 280,224.65 J, law ful money of theU nited States of America, for w hich payment well and truly to be made, we bind ourselves, our successors 511d assigns, jointly and severally, firmly by these presents. THE CONDITION 0F THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, SOUTHLAND CONSTRUCTION MANAGEMENT INC. 1's the Claimant under that certain mechanic’s lien in the amount of $ 224. 1 79. 22 recorded as Instrumeht No. 23873544 , in the Official Records 0f SANTA CLARA County, State of California, covering the following described property: 3740 El Cammo Real, Santa Clara, CA 95051 APN #31 8-06-003 ll AND WHEREAS, the Principal disputes the correctness ofvalidity of such claim of lien and desires to execute and record a bond pursuant to the provisions of Section 8424 of the Civil Code of the State of California to enable the real property described above to be fieed from the effect of such claim of lien and any action brought to foreclose said lien. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall pay any sum which said claimant may recover on said oiaim, together with his costs of suit in the action, nét exceeding the penal sum of this bond, if he recovers therein, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED and DATBDthis * " 2 5' day of (brklac’v , “22° W . Sure’l‘ec Insuran‘yyy 1/ 3740fi§AMINO REAL. INC. Mari a Putty‘ By: ' / /o/z 4/ g By: “W S ecretary v PAUL D. FAZZio ,Attorney-in-Facr 1’ see, A/Mr Math me h+ wiwwnm e BOND No.: 3403533 ggufififlé PREMIUM: $3,407.00 Cw VW g \f‘" x "v.9 Premium covers a term of one year and is ‘(CWwadQMKH I renewable until bond is released. g'fioCm 4/4 - ak- \w 0'9””lnmuan“11mm“ ACKNOWLEDGMENT A notary public 6h dther officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. _ _ State of Callfornla County of ' SONOMA I ) On 10/24/2018 before me' Charfes David Cartel; gotary Public r (insert name and tltlé of the officer) personally appeared ‘ Pau' D' FaZZ'O _ who proved to me on the basls of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herlthelr authorized capacity(ies), and that by hislherltheir signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the Instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. CHARLES DMD CARTER COMM. #2161913 Notary Public - California a Sunoma County A Go Ia A . 31 WITNESS my hand and official s al. 2020l Signature (Seal) ClViL CODE § 1189 ‘"' 3955231; 195.123? A notarypublicor otherofflcercompleflngthis cerflficate verifies only the identity ofthe Individual who signed the document to whlch this certificate is gttached. and no? the truthfulness, accuracy, or vaildlty of that document. State of California },County Of Santa Ciara On' /0//_a?5 [$7 0/9 before m9. Date Mafia, flbféf Marv J. Landua~LobpdzlnskL Notary Repubiic Here Insert Name and 7‘}th of the Officer personafly appeared ’ . Name(s) of Signer(s) on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they eXecuted the same in hIs/her/thelr authorized capacityfies), andthat by hls/her/thelr slgnature(s) on the Instrument the person(s}, or-the entity upon behalf of~whlch the person(s) acted, executed the Instrument. who proved to me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WlTNESS my hand and official seal. Slgnatur Place Notaty Seal and/or Stump Above I aiure of Notary Public OPTIONAL Completing this information can deter alteration of the decument or fraudulent reattachment ofthls form to an unfntended document. Description of Attached Document //TMW DocumentDate: . Why ofPages: Signer(s) Other Than NamedAm . / Capacityfies) Ciaimed by Signefls) Slgner's Nam x .Slgner's Name: a Corporate omcer - Title(s): 4: . - n Corporate Office?mufie era! El Partnerm El Limited 1:1 Ge flaJEl Partner- U Limited n 1:1 Individual Attorneyln Fact n Individual E} Attornemagm D Trustee f3 Guardian ofConsgrvator I: Trustee D Guardian of Conserv a\ [J Other: El Other: \ Signer Is RepreSentlng: . M-Signer/a’fepresentlng: POM: 510392 SureTec Insurance Company LEYIITED POWER 0F ATTORNEY Know All Men by Mesa Presents, That SURETEC INSURANCE COMPANY (the “Company”), a corporation duly organized and .existing under the laws of the State of Texas, and having its pfincipal office in Houston, Harris County, Texas, docs by these presents make, constitute and appoint , David J. Carter, Paui D. Fazzio, Charles D. Carter its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, aolmowledge ' and deliver any and all bonds, recognizancos, undertakings or oth'er instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed A Five Million and 00/100 Dollars ($5,000,000.00) ame extent as if such bond were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-imFact may do in the premises. Said appointment shall confipue in force until 12’31’2019 and 1's made under andby authority of the following resolutions ofthe Board ofDircctors of the SureTec Insurance Company: . - ' Be it Resolved, that tho President, any Vice-President, any Asaistmt Vice-President, any Secretary or any Assistant Secretary shall bo and is hareby vested with filll power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf ofthe Company subj ect to the following provisions: AttorneyinwFact may be given filll power and authority for and In the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rccognizancos, contacts, agenmcnts or indemnity and other conditional or obligatory underfddngs and any and all notices and documents canceling or terminating the Company’s liability thereunder, and any such instuments so executed by any such Attomoy-in-Fact shall be binding upon flm Company as if signed by the President and sealed and efi‘ected by 1116 Corporate Secretary. Be it Resolved, that tho signature of any authorized officer and seal ofthe Company harctofore or hcreafler amxed to any power of attorney or any certificate relating thereto by facsimile, and any powur of attomey or certificate bearing facsimile slymture or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaldng to which it is attached. (Adopted at a meeting held on 20‘” oprriI, 1999.) In Witness Whereofi SURETBC WSURANCE COMPANY has caused these prasents to be signed by its President, dud its corporate seal to be hereto afixedthis 17m day of April , AD. 2017 . . m SURETEC E ANY . 99359'06 ‘9 o" "‘0. o yt o .v g. By- e, E John Knox .,éresi nt State of Texas ss: 1 V County ofI-Iarris ' *-" . k" 0n this 17th day of April , AD. 2017 before me personalifzzame John Knox IL, to me lmown, who, being by maduly sworn, did deposa and say, that he resides in Houston, Texas, that he is Pmsident of SURETEC INSURANCE COMPANY, tho company descxibed in and which executed the above instrument; that ho knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so afixed by order ofthe Board ofDirectors ofsaid Company; and that he signed his name thercto by like order. A A I ‘s\‘,‘,\.:,!go¢ XENIA CHAVEZ '33-: Notary Pubilc. State of Texas ‘muég‘s? Comm. Expires 09-10-2020 ’7‘05‘N“ Notary ID 1291 17659 l and to bind the Company thereby as fizlly and to the s ll, -.. » “ll" . :fi ¢- a avez, Notary Publicm n| y commission expires September 10, 2020H I, M. Brant Beaty, Assistant Secretary of SURE'I'BC INSURANCE COMPANY, do hereby certify that the above and foregoing is a u'ua and correct copy of a Power of Attorney, executed by said Company, which is still in fiJII force and efiect; and fin'thennorc, the resolutions of the Board ofDirectors. set out in tho Power of Attorney are in full force and efi‘ect. A1 d of 0C“ AD.Given under my'hand and the seal of said Company at Houston, Texas this Br ntBe Any Instrument Issued ln excess of the penalty stated above ls totally vold and without any valldlty. For verlflcatlon 9fthe authority of thls power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST. 1 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) I, the undersigned, am employed in the County of Contra Costa, State of California. I am over the age of eighteen and not a party to the within action. My business address is Ramsey Law Group, 3736 Mount Diablo Boulevard, Suite 300, Lafayette, California, 94549. On November 6, 2018, I caused to be served the within NOTICE OF RECORDING OF BOND TO RELEASE MECHANIC’S LIEN on each person named below: Service List Stephanie M. Rocha, Esq. MILLER, MORTON CAILLAT & NEVIS, LLP 50 West San Fernando Street, Suite 1300 San Jose, CA 95113 Attorneys for Plaintiff SOUTHLAND CONSTRUCTION MANAGEMENT INC. a Nevada corporation;and Cross-Defendants SOUTHLAND CONSTRUCTION MANAGEMENT, INC., KENNETH HAYDEN, AND AMERICAN CONTRACTORS INDEMNITY COMPANY [ ] (BY FIRST CLASS) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Lafayette, California to be served on the parties as indicated on the Service List. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Lafayette, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ X ] (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Lafayette, California. [ ] (BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY) [ ] (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the Service List on: ___________________(date) at ___________________(time) [ ] (FEDERAL EXPRESS) - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on November 6, 2018, at Lafayette, CA. Trina Audley
