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MaY. 7, 2007 1 :08PM Cass County Highway Dept. No.5912 p. 2/5 Cass County Highway Department Contract Bond Project No. CH0701 KNOW ALL MEN BY THESE PRESENTS, that we Mark Sand & Gravel ComDsnv. PO Box 458. Feruus Falls. MN 56538. as principal, and HoUlE AND ADDRESS OF SURETY as surety, are held and firmly bound unto Cass County, North Dakota, as owner in the penal sum of Eight Hundred Twenty-one Thousand Nine Hundred Ninetv~five and 09/100.($821.995.09) for the use of the owner and also for the use of any person having any lawful claim against the principal or any subcontractor on account of labor or supplies or materials as set forth in the conditions hereof; for the payment of which well and truly to be made we jointly and severally bind ourselves. and each of our heirs, executors, administrators, and successors, firmly by these presents. WHEREAS, said principal has entered into a written contract with the owner for: In Cass County, North Dakota, which contract and incorporated plans and specifications are by this reference made a part hereof, and are hereinafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS THAT if the principal shall: (1) perform all the terms, covenants and conditions of said contract; (2) protect the owner against any loss or damage from any cause arising out of said contract; (3) payor cause to be paid all bills and claims against the principal or any subcontractor on account of labor or services performed and all materials, equipment or supplies furnished, whether directly or indirectly arising out of the performance of said contract; (4) pay all insurance premiums and all items for which payment under the terms of the contract is to be made or guaranteed by the p~inclpal; (5) have made or will make, prior to the commencement of any work by the principal or any subcontractor under such contract, full and true report to the Worker's Compensation Bureau of the payroll expenditures for the employees to be engaged in such work, and that the principal has paid, or will pay, the premium thereon prior to the commencement of such work; (6) payor cause to be paid all contributions due to the Unemployment compensation Division; and (7) payor cause to be paid any and all taxes that may be assessed or levied or to be a charge against such contractor or any subcontractor under such contract by the state or any of its subdivisions; then this obligation shall be null and void; otherwise it will remain in full force and effect. And the said surety hereby stipulates and agrees that any change, extension. alteration, deduction or addition, with or without notice to the surety I in or to the terms of said contract or the plans or the specifications accompanying the same as provided for therein, shall not in anywise affect the obligation and liability of said surety on this bond. 10f3