ACE Bonding Company

Master Surety
AGREEMENT
This AGREEMENT is made and entered into by:

Ace Bonding Company

457 Glenn St.
Schaumburg, Illinois 65488

and
Weaver Building Group, LLC
123 Shug Jordan Parkway
Auburn, AL 36830

in favor of Ace Bonding Company (hereinafter referred to as SURETY), its successors and assigns.

In this AGREEMENT the words BOND, PERSON, UNDERSIGNED and PRINCIPAL are

(b) this AGREEMENT insures to the benefit of any cosurety or reinsurer of

defined:

SURETY on said BOND(S)

BOND: (1) Contract of suretyship, guaranty or indemnity: (2) the continuation,

extension, alteration, renewal or substitution of such contract;

II UNDERSIGNED will pay or cause to be paid to SURETY, its successor and

assigns, premium charged or to be charged by SURETY in accordance with
its Manual of Rates, for executing, providing or procuring BOND(S) for

PERSON: Individual(s), partnership(s), association(s), corporation(s) or any

PRINCIPAL.

other legal or commercial entity(ies);

III (A) UNDERSIGNED shall exonerate, indemnify, and keep indemnified SURETY
UNDERSIGNED: PERSONS(S) who execute this agreement.

from and against any and all liabilities, losses and expenses of whatsoever
kind of nature (including but not limited to, interest, court costs and counsel

PRINCIPAL: one or more UNDERSIGNED or any partnership, association,

fees) imposed upon sustained, or incurred by SURETY by reason of: (1)

corporation or any other legal or commercial entity in which the UNDERSIGNED

SURETY having executed, provided or procured BOND(S) in behalf of PRIN-

have a substantial, material and/or beneficial interest to the extent that the

CIPAL, or (2) UNDERSIGNED'S failure to perform or comply with any of the

partnership, association, corporation or other legal or commercial entity

provisions of this AGREEMENT;

would be considered a subsidiary, associated or affiliated company of UNDERSIGNED who, alone or with other PERSON(S), have secured or may secure

(B) in order to exonerate or indemnify SURETY, UNDERSIGNED shall upon

the performance and fulfillment of obligations by BOND(S) (whether or not

required to do so by statute, ordinance, contract, order of court, rule of
court, or otherwise), executed, provided, or procured by SURETY.

demand of SURETY, place SURETY in funds before SURETY makes any payment;
such funds shall be, at SURETY'S option, money or property, or liens or
security interests in property. (The amount of such money or property or the
value of the property to become subject to liens or security interests, shall

By the execution hereof, UNDERSIGNED, whether or not PRINCIPAL in BOND(S):

be determined by SURETY.)

(1) expressly warrant that UNDERSIGNED have a substantial, material and/or

beneficial interest in the performance and fulfillment of obligations secured or to

IV (A) The liability of UNDERSIGNED hereunder shall extend to and include all

be secured by BOND(S) in behalf of PRINCIPAL; (2) understand that : (a) SURETY

amounts paid by SURETY in good faith under the belief that: (1) SURETY was

has excepted, provided or proceed BOND(S) in behalf of PRINCIPAL or will con-

or might be liable therefor; (2) such payments were necessary or advisable

sider request for SURETY to execute provide or procure BOND(S) IN BEHALF OF

to protect any of SURETY'S rights or to avoid or lessen SURETY'S liability or

PRINCIPAL; (b) PRINCIPAL may be the sole obligor principal in BOND(S), or

alleged liability;

PRINCIPAL may be a member of a partnership or a joint-venture which is the

obligor principal in BOND(S).

(B) the liability of UNDERSIGNED to SURETY shall include interest from date
of SUERTY'S payments at the maximum rate permitted in the jurisdiction in

IN CONSIDERATION OF THE PREMISES AND FOR OTHER GOOD AND VALUABLE

which this AGREEMENT is enforced, or is enforceable:

CONSIDERATION, UNDERSIGNED COVENANT AND AGREE THAT:

(C) the voucher(s) or other evidence of such payment(s) or an itemized stateI

(A)This AGREEMENT binds UNDERSIGNED and the heirs, personal representa-

ment of payment(s) sworn to by an officer of SURETY shall be prima facie

tives, successors and assigns thereof, jointly and severally, to SURETY in

evidence of the fact and extent of the liability of UNDERSIGNED to SURETY.

connection with all BOND(S) heretofore or here after executed, provided or

of any obligee(s);

V (A) Separate suits may be brought hereunder as causes of action accrue, and
the bringing of suit or the recovery of judgment upon any cause of action
shall not prejudice or bar the bringing of other suits upon other causes of
action, whether theretofore or thereafter arising;

(CONTINUED)

Contract 5 (9-76)

(B) each UNDERSIGNED is the agent for all UNDERSIGNED for the purpose of

or governmental agency. (The authority and power to prosucute said

accepting service of any process in the jurisdiction in which the UNDER-

claim(s) is deemed to include the authority to settle said claim(s) or

SIGNED accepting the process resides, is domiciled, is doing business or is

any part therof; and, the money or property awarded by obligee(s)

found;

representative, a judicial or quasi-judicial officer or a panel or board,

or the money or property to become due in settlement of said claim(s)

(C) in the event SURETY should file suit at law or in equity to enforce the

deemed to be a portion of the "money or property representing the

terms of this AGREEMENT, SURETY shall be entitled to recover its own

consideration for the contract" and subject to the dedication in sub-

attorney's fees and expenses in connection with such suit.

paragraph (A) of this paragraph).

VI When BOND(S) secure theperformance and fullfillment of contracts, PRINCIPAL, with the consent of UNDERSIGNED, agrees that:

VII (A) UNDERSIGNED are not obligated to request SURETY to execute, provide
or procure BOND(S) required of them in the performance and fulfillment
of obligations;

(A) (1) The SURETY has the right of Exoneration and Subrogation; and (2)
SURETY'S right of Exoneration and Subrogation may be enforced as provided

(B) SURETY has the right to declineto execute, provide or procure BOND(S)

by applicable law or, at option of SURETY, as follows:

requested by PRINCIPAL;

(a) withrespect to each specific contract secured by BOND(S) all

(C) if SURETY executes, provides or procures the execution of a bid proposal

money and property representing the consideration for the contract

bond, SURETY has the right to decline to execute the final BOND(S) (including

is dedicated for: (i) the performance of the contract; (ii) the payment of

but not limited to performance, payment or maintenance bond(s)) that may be

obligation(s) to subcontractor(s), Laborer(s) and supplier(s) of material(s)

required in connection with any award that may be made under the bid,

and service(s) incurred or to be incurred in the performance of the

proposal or tender for which the bid or proposal bond is given.

contract for which SURETY is liable under BOND(S) and, (iii) the satisfaction of the obligations herein and all other indebtedness and
liabilities of PRINCIPAL to SURETY;

VIII UNDERSIGNED shall not be relieved of liability hereunder by any change,

additions, substitution, continuation, renewal, extension, successor, or new
obligation in connection with BOND(S) or any contract(s) secured thereby,

(b) to partially implement this dedication SURETY may, in its sole dis-

whether known or consented to by the SURETY, and notice of SURETY'S

cretion, demand that PRINCIPAL request delivery of the consideration for

consent is herby waived.

the contract to a bank designated by SURETY for deposit of the proceeds

of the consideration for the contract(s) in an account in the name of
PRINCIPAL designated as a "Special Account" and withdrawal(s) from

IX (A) SURETY'S rights hereunder shall be deemed to be cumulative with, and

in addition to, all other rights of SURETY, however derived;

said "Special Account" shall be by check(s), payable to the beneficiaries

of this dedication, signed by a representative of PRINCIPAL and by a

(B) SURETY is not required to exhaust its remedies or rights against

representative of SURETY;

PRINCIPAL or to await receipt of any or final dividends from the legal

representative(s) of PRINCIPAL before asserting its rights hereunder against

(c) this dedication may be implemented in any other manner provided

UNDERSIGNED;

at law or in equity;
(C) This AGREEMENT shall be liberally construed so as to protect, exonerate
(B) In the event of: (1) any breach of any of hte agreements herein; (2) any

and indemnify SURETY.

breach, delay or default in any contract secured by BOND(S); (3) any breach
or default of BOND(S); (4) any change or threat of change in the character,

X (A) At any time during business hours and until such time as (1) the liability

identity, control, beneficial ownership or existence of PRINCIPAL; (5) any

of SURETY under BOND(S) is terminated or (2) SURETY is fully reimbursed all

assignment by PRINCIPAL for the benefit of creditors; (6) the appointment

its loss, cost or expenses as a result of having executed, provided, or pro-

of a receiver or a trustee or any application for appointment of a receiver or

cured BOND(S) in behalf of PRINCIPAL, SURETY shall have access to the

trustee for PRINCIPAL, whether insolvent or not; (7) any proceedings or the

books, records and accounts of UNDERSIGNED:

exercise of any rights by any PERSON which deprives or impairs PRINCIPAL'S

use of its plant, machinery, equipment, plans, drawings, tools, supplies or

(B) when requested by SURETY, banks, depositories, obligees in BOND(S)

materials; (8) upon the happening of any event other than those speicified in

materialmen, supply houses, or other PERSON(S) are hereby authorized to

(1) through (7) and completely different from those events, which, in its

furnish SURETY any information requested with respect to PRINCIPAL.

sole opinion may expose SURETY to loss, cost or expense;

XI (A) There shall be no waiver, modification or change of the terms of this
(a) SURETY shall have the right, in its discretion to take possesion of
any part or all of the work under contract(s) secured by BOND(S) (together

AGREEMENT without the written approval of an officer of SURETY:

with plant, machinery, equipment, job books and records, plans, draw-

(B) this AGREEMENT may be terminated as to the UNDERSIGNED upon written

ings, tools, supplies or material wherever located any owned or usable

notice given to SURETY by such undersigned by Registered or Certified Mail

by PRINCIPAL) and, at the expense of UNDERSIGNED, to complete or

addressed to SURETY at its Home Office in Baltimore, Maryland:

cause completion of any such work, or relet or consent to the reletting

or completion of such contract(s), and;

(C) such termination shall not be effective until thirty (30) days after receipt
of the said written notice by SURETY;

(b) SURETY is authorized and empowered to assert, pursue and prosecute

in its discretion, and at expense of UNDERSIGNED (in the name of

(D) such termination shall not relieve any UNDERSIGNED from liability to

PRINCIPAL or the name of SURETY), all claim(s) of PRINCIPAL arising

SURETY arising out of BOND(S) executed, provided or procured by SURETY

or growing out of contract(s) and work done thereunder secured by

in behalf of PRINCIPAL in reliance on this AGREEMENT prior to such termina-

BOND(S) against: (i) Obligee(s) in BOND(S); or (ii) any PERSON, government

tion, nor shall it affect, in any manner, liability of any of UNDERSIGNED as

do not give the notice required herein.

CAUTION!
READ BEFORE SIGNING!
By executing this AGREEMENT you are bound to SURETY with respect to all BOND(S) executed, provided or procured or to be executed, provided or procured by
SURETY in behalf of PRINCIPAL as defined on Page 1.

Signed, Sealed and Dated this

5th

January

day of

Dan Weaver

Janene Sargent Symms

President, Weaver Building Group, LLC

Notary Public

, 2014