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R~(;~l~~~,;~ <br />n~ 2 0 z[i06 <br />Divielon of Reclematlon, <br />Mining and Safety <br />ASSUMPTION OF LIABILITY CERTIFICATE <br />Obligee: State of Colorado/Mfned Land Rec. Div/Dept of Nat. ResJ1313 Sherman, R 2151 Denver, CO 80203 <br />Principal' Mathias Concrete, IncJP:O. Box 266/ Monte Vista, CO 81144 <br />Effective 0422/04 this Certificate assumes liability on Bond Number 142187847 <br />executed and previously filed by Continental CaSUalty Company <br />hereinafter referred to as the Company, in favor of the above-named Obligee. <br />This certifies that, in consideration of the Agreamente and covenants herein contained and other good and <br />valuable consideration, WESTERN SURETX COMPANY hereby assumes liability as surety under the above <br />described bond. <br />BY ISSUANCE OF TBIS <br />IT I3 AGREED: <br />1. That the liability of WESTERN SURETY COMPANY under said bond (a) shall be subject to all of the <br />terms, conditions, limitations and warranties contained in said bond and any amendment thereto or <br />agreement between the Obligee and the Cpmpany affecting the same; and (b), shall in no event be <br />greater than would have been the liability of the Company had this Certificate not been issued. <br />2. That all rights of the Company, which would have bean available to the Company by reason of its <br />suretyship under the aforementioned bond, or otherwise, if this Certificate had not been executed, shall <br />inure to the benefit of and be fully enforceable by WESTERN SURETY COMPANY. <br />3. Signed and dated this 75 day of March <br />Certified Mail No. 7002 0860 0005 4030 2061 <br />Fam F750{ <br />2004 <br />BY: <br />Paul T. Bruflat, Senior Vi President <br />Western Suety Company, <br />DOPY <br />