Loading...
36537-2 RREF II-CWC LaQ, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 36537-2 Development: The Signature at PGA West Developer/Owner: RREF II-CWC LaQ, LLC Bond Company: Lexon Insurance Co, 12890 Lebanon Road Mt. Juliet, TN 37122 Attn: Greg Semrow Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance (On -site) 110245T 1102552 $2,'^r 03,945 $1,338,239 Rider Reduced w/rider on 03/09/16 Released 4/17/2024 ta �W CALIFORNIA April 17, 2024 M Lake Development ATTN: Mike Lake 3417 Camino Alegre Carlsbad, CA 92009 RE: TM 36537-1 and 36537-2 THE SIGNATURE — BOND RELEASE FOR ON -SITE IMPROVEMENTS Dear Mr. Lake, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Lexon Insurance Company on 4/17/2024. Tract Map 36537-1 and 36537-2 Bond Number Bond Amount Bond Type 1102156 $3,297,407 rider amount On -Site Performance 1102552 $1,338,239 (rider amount) On -Site Performance The original paper bond is enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcginley(a_).LaQuintaCA.gov Tel: (760) 777 - 7123 ta �W CALIFORNIA April 17, 2024 Lexon Insurance Company 12890 Lebanon Road Mt. Juliet, TN 37122 Attention: Greg Semrow RE: TM 36537-1 and 36537-2 THE SIGNATURE — BOND RELEASE FOR ON -SITE IMPROVEMENTS Dear Mr. Semrow, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bonds: Tract Map 36537-1 and 36537-2 Bond Number Bond Amount Bond Type 1102156 $3,297,407 (rider amount) On -Site Performance 1102552 $1,338,239 (rider amount) On -Site Performance Copies of the bonds being released are enclosed for your reference. M Lake Development, the developer, was also notified of the above bond release on 4/17/2024. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcginley(a_).LaQuintaCA.gov Tel: (760) 777 - 7123 MEMORANDUM Date: April 17, 2024 ta Quiara (.AI IFORNIA To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer/ From: Amy Yu, Associate Engineer Re: TM 36537-1 and -2, The Signature, Bond Release for On -Site Improvements Please release the following performance bonds held in your files for the above referenced tract. The on -site improvements were accepted by City Council on April 16, 2024. The bond amounts and the address to the developer and surety company are as follows: Tract Map No. 36537-1 and 36537-2 Bond Description Bond No. Bond Amount Performance 1102156 $3,297,407 (rider amount) Performance 1102552 $1,338,239 (rider amount) Developer: Mike Lake M Lake Development 3417 Camino Alegre Carlsbad, CA 92009 Surety Company: Lexon Insurance Company 12890 Lebanon Road Mt. Juliet, TN 37122 Attn: Greg Semrow If you have any questions, please contact me at extension 7047. Thank You. -s F a, r tiC4J of To: Susan Maysels, City Clerk From: Amy Yu, Associate Engineer / Date: March 9, 2016 I Re: Reduction Bond Rider to Performance Bond for On -Site Improvements - Tract Map No. 36537-2, The Signature Please attach the two bond riders to the existing on -site improvements performance security bond for TM 36537-2. One rider changes the bond number from 1102451 to 1102552. The other is a reduction bond rider reducing the amount to $1,338,239. The amount and addresses to the developer and the surety company are as follows: TRACT No. 36537-2 Performance Reduced Performance Bond Number I Seci Amount 1102552 $2,703,945 1 $1,338,239 Developer: Ms. Liz Belloso RREF II-CWC LaQ, LLC 5927 Priestly Drive, Suite 100 Carlsbad, CA 92008 Surety Company: Lexon Insurance Company 12890 Lebanon Road Mt. Juliet, TN 37122 Cc: Project File I, Tract Map No. 36537-2 SURETY BOND RIDER Duplicate Original Issued 3/2/2016 To be attached to and form apart of Bond No. 1102451 Effective: August 28, 2014 Bond Amount: $2,703,945 Executed by: RREF H-CWC Lao, LLC as Principal and by: Lexon.Insurance Company as Surety in favor of City of LaQuinta as Obligee the Surety hereby consents to: Amending the bond number from 1102451 to 1102552 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective August 2& 2014 Signed and Sealed: November 4, 2014 Lexon Insurance CgMpany Surety By: L AyCj,i IL Kelly) A.I ardner, Attorney -in -Fact POWER OF ATTORNEY I_x- 269821 Lexon Insurance Company 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 James I Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner. Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Tiffany Cunniff its true and lawful Attorneys) -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 1st 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 $8,000,000 Eight Million 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 Assistant Secretary, 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 5th day of August, 2015. LEXON INSURANCE COMPANY BY David E"Campbe#i President ACKNOWLEDGEMENT On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be 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. `rY.TAII ..... r ' AMY TAYLOR = Notary Public- State of Tennessee = Davidson County `= My Commission Exoires 07-08-19 CERTIFICATE BY J4(14jw� Amy ylor Notart Public ti I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing 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 Seal at Mount Juliet, Tennessee this 4 Day of November, 2014 SEAL * BY e Andrew Smith Assistant Secretary rC o► �{ "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." STATE OF ILLINOIS } COUNTY OF DU PAGE} On November 4, 2014 before me, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared Kelly A. Gardner known to me to be Attorney - in -Fact of Lexon Insurance Com2anythe corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation., and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires March 23, 2019 01 �—� L 1y� Tiffs , otary ' Commission No. 816980 TIFFANY CUNNIFF OFFICIAL SEAL ° Notary Public, Slate of Illinois My Commission LxImes �IJ•_ March 23, 2019 SURETY BOND RIDER To be attached to and forma part of Bond No. 1102552 Effective: August 28, 2014 Bond Amount: $2,703,945.00 Executed by: RREF II-CWC LaQ, LLC as Principal and by: Lexon Insurance Comp an as Surety in favor of. City of LaQuinta as Obligee in consideration of the mutual agreements herein contained, the Principal and Surety hereby consent to: Reducing the penal sum of the bond from $2,703,945.00 to $1,338,239.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: February 25, 2016 Signed and Sealed: February 26, 2016 RREF II-CWC LaQ, LLC Principal By: "See attached signature page}_ Lexon Insurance Company Surety, - , By: i5 cu,w�K, ant. . Dawn L. Morgan, Attorney -id Fact Signature Page to Surety Bond Rider No. 1102552 Effective February 25, 2016 RREF II-CWC LAQ, LLC, a California limited liability company By: California West Construction, Inc., a California Corporation Its Authorized Agent By: Name: Donald W. ntana Title: President POWER OF ATTORNEY Lx- 269815 Lexon Insurance Company 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 James I Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner. Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Tiffany Cunniff 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 $8,000,000 Eight Million 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 Assistant Secretary, 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 5th day of August, 2015. LEXON INSURANCE COMPANY BY David E.'Campbel} President ACKNOWLEDGEMENT On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be 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 a AMY TAYLOR ya. j4/lAaaaw a+e - Notary Public- State of Tennessee BY - _ Davidson County Amy ylOr ' My Commission Expires 07-08-19 Nota Public CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing 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 Seal at Mount Juliet, Tennessee this 26 Day of February, 2016 SEAL t BY Andrew Smith r Assistant Secretary 7} Et trp� Y "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." STATE OF ILLINOIS } COUNTY OF DU PAGE} On February 26, 2016 before me, a Notary Public in and for said County and State, duly commissioned and sworn,,personally appeared Dawn L. Morgan known to me to be Attorney - in -Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires March 23, 2019 Tiffany ry Public Commission No. 816980 TIFFANY CUNNIFF OFFICIAL SEAL !'I Nolmy Public, Slate of Illinois � My Commission Expires r'' March 23, 2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other 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 California County of San Diego On _March 1, 2016 before me, M K puh1 i r- - Date Here Insert Name and Title of the Officer personally appeared _ Donald W. Fontana _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(* islarkt subscribed to the within instrument and acknowledged to me that helsk(elt y executed the same in hislh /thr authorized capacity(i* and that by his/Nr/ffli it signature on the instrument the person(, or the ent ty upon behalf of which the person) acted, executed the instrument. M K STUCKEY Commisslon #t 2107610 Notary Public - CalHornla San Oispo County -� Comm. Ex rss May 16, 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of N tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: — ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . _�•,��,_ _ - - - - - - --.'�4-5;:'-_l,=-,. ��zxc�rt.`��t::rsc�zr,;c{:r�_�=^':rbq:�'�r��.? 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 SUBDIVISION IMPROVEMENTS Tract Map No. 36537-2 PERFORMANCE BOND Bond # 1102451 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 36537-2 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and RREF II-CWC LaQ LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated Se temiaer 4 20__1 zL, and identified as Tract Map No. 36537-2, is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Lexon Insurance Company , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Two Million Seven Hundred Three Thousand Nine Hundred Foqy Five an No/100 DOLLARS ($2,703,945.00] lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on 28i'' of August 2014. RREF II-CWC LaQ, LLC, a California limited liability company 5927 Priestly Drive, Suite 110 Carlsbad, CA 92008 By: California West Construction, Inc., a California Corporation Its: Authorized Agent By: Donald W. ontana Title: President Lexon Insurance Company Sur ty a � Kell A G dner Attornev-in-Fact Title 12890 Lebanon Road Mt. Juliet, TN 37122 Address of Surety 615-553-9500 Phone # of Surety Bond Department Contact Person for Surety CALIFORNIA ALL-PURPOSE .ACKNOWLEDGMENT State of California County of San Diego On 9/4/14 before me, Date M.K. Stuckey, notary public Mere insert Name and Title of the Oftar personally appeared Donald W. Fontana Name(s) of Signer(s) CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personW whose name(,0 is/aid subscribed to the within instrument and acknowledged M. K. STUCKEY to me that he/sXeltP {y executed the same in Commission � 1933217 his/h r/t it authorized capacity(iq�), and that by z "' Notary Public - California n San i]iega County hi51h rltlr signature( on the instrument the My Comm, Expires May 16. 2015 pe nh,4 or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �p Signature: Place Notary Seel Above _ OPTIONAL I®�tld�i� ignature of 11 ry P Ilo Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ®t Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Ciaimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General r.pf thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ w,'t-h71�(,•!lG"[=/.'. tJ:!�C.'YiC:-=ix�:T1.�S:`L.'C)LuC9�:f:tJ,.hL::_^L'L�Y�[�[ x -r .. • .. . - - � r .ti.._. .- _ v?Lrye. i...v v�.S.`L.}� 0 2010 National Notary Association • NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY LX- 219492 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office Louisville, Kentucky, does hereby constitute and appoint: James [. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Pe- Fat. Kelly -A. -Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tari_e_se_M. Pisciotto its true and lawful Attorney(s)-In-Fact to ma 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 I COMPANY on the 1st 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 $ 8,000,000.00, Eight Million 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. the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed 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 ing on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate] to be affixed this 21st day of September, 2009. Po�T �SEAL� ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY David E. Campbell President On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose , say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. y[1111[If[!If �, � TA AMY L. TAYLOR Notary Public- State of Tennessee n = Davidson County My Commission Exoires 01-09-16 CERTIFICATE BY 3�,, A 46ft�, Am . Taylor Notbry Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 28 Day of August 20 14 SEAL BY Andrew Smith It GF i 4 + Assistant Secretary tNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim ining any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a ulent insurance act, which is a crime and subjects such person to criminal and civil penalties." STATE OF ILLINOIS } COUNTY OF DU PAGE} On August 28, 2014, before me, Dawn L. Morgan, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared Kelly A Gardner, known to me to be Attorney -in -Fact of Lexon Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires March 29, 2016 U'�� hz0va-1, Dawn L. Morgan, Notary Rhblic 1MMNtntytinnf+,+�J OFFICIAL SEAL DAWN L MORGAN PUBLIC - STATE OF ILLINOISMY COMMISSION EXPIRES:03/29/16[:NOTARY ,nr