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BOND N0. TPI-3793607 S ~ C~~ ~' 1a6os a.rd 7Xarru'a! Pay.~.d ~eKd ~,m PROJECT NO. RN-MINES-COAL-10 KNOW ALL MEN BY THESE PRESENTS: That the Contractor JAY WAGNER DBA WAGNER CONSTRUCTION 600 HOCKETT DRIVE CRAIG, COLORADO 81625 as Principal and hereinafter called "Principal," and TIG PREMIER INSURANCE COMPANY P.0. BOX 1998 BATTLE CREEK, MICHIGAN 49016 as Surety and hereinafter called "Surety,' a corporation organized and existing under the laws of CALIFORNIA . are held and firmly bound unto the STATE OF COLORADO acting by and through DIVISION OF MINERALS AND GEOLOGY DEPARTMENT OF NATURAL RESOURCES hereinafter called "Principal Representative," and to all subcontractors and any others who have furnished or shall furnish materials actually used in the performance of the hereinafter identified Contract, or who have performed or shall perform labor in the performance of or in connection with said Contract, hereinnafter called "Obligees" in the sum of SIXTY-TWO THOUSAND ONE HUNDRED NINE DOLLARS ANI~oROsl,®0 162,109.00 together with interest at the rate of eight per cent ~8r~r~ per annum on all payments becoming due in accordance with said Contract, from the time such payments shall become due until such payment shall be made, for the pay- ment of which, well and truly made to the Obligees, the Principal and the Surety bind themselves, their heirs, e~e- cutors, administrators, successors and assigns, jointly and severally, firmly, by Ihese presents. WHERi:?.S, the Principal and the State of Colorado acting by and through the Principal Representative have en~ tered into.a certain Contract, hereinafter called "Contract," dated SEPTEMBER 12th 19 94, for the construc- tion of a PROJECT described as HAWK'S NEST MINE, BACKFILLING AND DRAINAGE CONTROL PROJECT which Contract is hereby by reference made a part hereof; ~Over~