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Home My WebLink About20132497.tiffSURETY RIDER To be attached to and form a part of Bond No. 285045358 dated 8/1/2013 effective (MONTH -DAY -YEAR) executed by Baja Broadband LLC (PRINCIPAL) and by Liberty Mutual Insurance Company , as Surety, in favor of Weld County (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Principal name from: Baja Broadband LLC To: TDS Baja Broadband LLC , as Principal, Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective Signed and Sealed By: 8/1/2013 (MONTH -DAY -YEAR) 2/8/2016 (MONTH -DAY -YEAR) TDS Baja Broadband LLC (PRINCIPAL (PRINCIPAL) Liberty Mutual Insurance Company (S RETBy: Vicki Nobing , Attorney -in -Fact S-0443/GEEF 10/99 cams, , 'corona 1i-20- Zot(O aoe9ik State of Tennessee County of Knox } ss: On February 08, 2016 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Vicki Nobinger known to me to be Attorney -in -Fact of Liberty Mutual 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 in 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 August 31, 2019 /61-16'‘.. Michelle,lutte-Heatherly Notary Public ,`,111111fIII �.`LUTE-He •'. • STATE Ti. • OF TENNESSEE NOTARY . PUBLIC • STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832.8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Vicki Nobinger of the city of Knoxville state of Tennessee its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Obligee Name: _ Surety Bond Number: 285045358 Bond Amount: $2,000.00 TDS Baja Broadband LLC Weld County IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of March, 20Th. By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WesyQ,merican Insurance Company David M Carey, Assistant Secretary On this 24th day of March, 2015, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries This Power of Attorney is Made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys - in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th day of February 2016 By: Al4tortiQ4 J%1) Teresa Pastella, Notary Public By: Gregory W. Davenport, Assistant Secretary RESOLUTION RE: APPROVE REPLACEMENT COLLATERAL FOR FRANCHISE AGREEMENT - BAJA BROADBAND, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated January 18, 1999, the Board approved the Transfer and Assignment of Franchise Agreement from Fanch Cablevision of Colorado, L.P., dba Intermountain Cable Comm, a Colorado Corporation to US Cable of Coastal -Texas, L.P., on May 26, 1999, accepted Franchise Bond No. 134456, drawn on Frontier Insurance Company for $2,000.00, and on October 4, 2004, accepted replacement Bond No. 5013206 issued by Bond Safeguard Insurance Company for $2,000.00. WHEREAS, on September 19, 2011, the Board of County Commissioners of Weld County, Colorado, approved a Transfer and Assignment of Franchise Agreement from US Cable of Coastal -Texas, L.P., to Baja Broadband, LLC, with terms and conditions being as stated in said agreement, and on February 27, 2012, accepted replacement Franchise Bond No. 1942695, issued by The Hanover Insurance Company in the amount of $2,000.00. WHERAS, on July 15, 2013, the Board approved the Renewal of Franchise Agreement and Transfer and Assignment of Franchise Agreement from Baja Broadband, LLC, to TDS Broadband, LLC, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release the performance bond now being held for Baja Broadband, LLC, issued by The Hanover Insurance Company and to replace the existing bond with a performance bond on behalf of TDS Baja, issued by Liberty Mutual Insurance Company in the amount of $2,000.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Franchise Bond No. 1942695, on behalf of Baja Broadband, LLC, issued by The Hanover Insurance Company, in the amount of $2,000.00 be, and hereby is, canceled and released, and that replacement Franchise Bond No. 285045358, on behalf of TDS Baja Broadband, LLC, issued by Liberty Mutual Insurance Company, be accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 3965799 Pages: 1 of 2 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �� M��1l�ItiIk ilrMG'I�� ICAO) FAWN III III 2013-2497 ORD94 REPLACEMENT COLLATERAL — BAJA BROADBAND, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2013. ATTES Weld County Clerk to the Board BY: AP C Date of signature:SEP 1 2 2013 Deputy Cle my Attorney BOARD OF OUNTY COMMISSIONERS WELD C ll Y, COLORADO 'Ham F. Garcia, Chair C Lie kit) f,(1, o LsL4r Douglas lit ademacf er, Pro-Tem an P. Conway ke Freeman Barbara Kirkmeyer 3965799 Pages: 2 of 2 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County: CO �� M1�1lJl� h�,il1 9�4'ti 'VIPs PAD 11111 2013-2497 ORD94 TELEPHONE AND DATA SYSTEMS' August 1, 2013 Via Certified Mail; Return Receipt Requested County of Weld, CO 1150 O St. Greeley, CO 80632 Attn: Board of County Commissioners RECEIVED AUG 2 6 2013 WELD COUNTY COMMISSIONERS Re: Baja Broadband, LLC Franchise Agreement with the County of Weld, CO (the "Agreement') Dear Commissioners: Please be advised that effective on August 1, 2013, and pursuant to that certain Asset Purchase Agreement between Baja Broadband, LLC, the sole member of Baja Broadband Operating Company (collectively, "Baja"), and Telephone and Data Systems, Inc. ("TDS"), Baja transferred and assigned to TDS Baja Broadband LLC, a Delaware limited liability company indirectly wholly -owned by TDS ("TDS Baja"), substantially all of the assets comprising its cable television systems, including Baja's rights and obligations under the Agreement. Enclosed is a performance bond for your benefit issued on behalf of TDS Baja in accordance with the Agreement. The enclosed bond is intended to replace the existing bond previously delivered to you by Baja. We respectfully request that you return Baja's bond at your earliest opportunity. Please deliver such bond to: Baja Broadband, LLC 1061 521 Corporate Center Drive, Suite 100 Fort Mill, SC 29707 Attention: Steve Fisch If you have any questions, please feel free to contact Steve Fisch (sfisch@bajabb.ty; 980-235-7641). BAJA BROADBAND, LLC TDS BAJA BROADBAND LLC Sincerely, Sincerely, Fee Peter Kahelin David A. Wittwer Chief Executive Officer President and Chief Executive Officer 2013-2497 AM 22753660.1 This bond replaces The Hanover Insurance Company bond #1942695 FRANCHISE BOND Bond No. 285045358 KNOW ALL MEN BY THESE PRESENTS, THAT Baja Broadband, LLC as Principal, and Liberty Mutual Insurance Company , a corporation of the State of Massachusetts , having its executive office in 175 Berkeley Street, Boston, Massachusetts 02116 as Surety, are held and firmly bound unto Weld County, do hereinafter referred as Obligee in the penal sum of Two Thousand and 00/100 Dollars ($2,000.00 ), for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, or the number of premium that shall be payable or paid, the number of customers to the system and/or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to the Principal to use the -public streets and places within the Municipality to transmit and distribute electrical impulses through an open line -coaxial antenna system for television receivers located within said receivers located within said Weld County, CO. shall faithfully perform, well and truly observe and fidfill the terms and conditions of the franchise, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled or terminated. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at 175 Berkeley Street, Boston, Massachusetts 02116 AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within twelve (12) months after an act of breach or cancellation of this bond or termination of said franchise, whichever occurs first. This bond may be terminated or cancelled by Surety by giving thirty (30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail_ Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the 1st day of August 2013 , Witness: /(aVe/zaz ByaBr�adaL B : Libert M I Insurance Co By: Witness to Surety ' Douglas . Schmude Attorney -in -Fact Band5FRANCFIISE BOND.doc STATE OF ILLINOIS COUNTY OF COOK I, Adrienne C. Stevenson , a Notary Public in and for said County, do hereby certify that Douglas M. Schmude as Attorney -in -Fact, of the I Liberty Mutual Insurance Company I A Massachusetts Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of I Liberty Mutual Insurance Company ) A Massachusetts Corporation for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 1st clay of August A.D. 2013, 'OFFICIAL SEA!: ADRIENNE C STEVENSON NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES DECEMBER 15,2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND. _ This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ai S C L C � O L tT v m ra N T cu cu v R N O al -O o m C m 0 - ea w ma OC E y SE! 9'U Ca > m w t O Z American Fire and Casualty Company The Ohio Casualty Insurance Company Certificate No. - 6170059... Liberty Mutual Insurance Company West: American Insurance Company POWER OF ATTORNEY ..:KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the : laws of the State of Massachusetts and West Amerman Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute: and appoint .:Adrienne C Stevenson. Amy B Wickett- Beatriz Polito C R Hernande?' Douglas M. Schmude: John K Johnson' Katherine J Foreit all of the city of CHICAGO state of IL: each individually if there be more than one named, its true and lawful attorney-irrfact to make,execute, seal_: acknowledge: and deliver, tor: and on its behalf as surety and as its act and deed, any and all undertakingsbonds, recognizances and other surety obligations, in pursuance: of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official ofthe Companies and the corporate: seals of The Companies have been affixed thereto this 17th day of June - 2013 By: STATE OF WASHINGTON ss =- Gregory Davenport, Assistant Secretary COUNTY OF KING - On this 17th day of June :' 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary - of American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Company, and West American Insurance Company, and he, as such, being authorized solo do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer._- - IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. American Fire and Casualty Company i The Ohio Casualty Insurance Company ri ` Liberty Mutual Insurance Company West American Insurance Company ` - KD Riley, Not Public This Power ofAttomey is made and executed pursuant to and by authorityof the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance : Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows. - — ARTICLE IV —OFFICERS —Section 12. Power ofAttorney. Any officer or other official of the Corporation authorizedfor that purpose in writing bythe:hairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the. Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.=Such attorneys - in fact subject fo the limitations set forth in their respective powers of attorney, shall have full power to bind -.the Corporation by their signature and execution of any suchrinstruments and to attach thereto -The seal of the Corporation_: Mal -so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. My power or authority granted to any representative or attorney i fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. - ARTICLE XIII :Execution of Contracts SECTIONS Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose inwriting by the chairman orthe president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary -le -actin behalf of the Company to make executer' seal acknowledge and deliver, as surety any and all undertakings, bonds recognizances and other surety obligations Such attorneys mfactsubject to the limitations set forth in their respective powers of attorney, shall have full powerto bind the Company by theirsignature and execution of any,such instruments and to attach thereto -the seat of the Company:,Oen so executed such instruments shall tie as binding as if signed by the president and attested by the secretary. _ Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davernort, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations ,. AuthorizationT By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced:signature of any assistant secretary of the Company, wherever appearing upon a certified Golly of any power of attorney issued by the Company in connection with surety bonds, shall be:valid and -binding upon the Company with the same force and effect as though manually affixed. - I, David M Carey: the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty insurance' Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify tnatthe anginal power of attomey of WhiCh the foregoing is a full, true and-correcttcopy of the PowerofAttomey executed by said Companies, isin full force and'effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set ray hand and affixed the seals of said Companies this % day of VC} Ufe- 20 73 David M CereyAsststant Secretary LMS_12a73_092012 -. --l19of200 sC QIC Oc N -c of a.r Nc .c C Os « CI = 4- a yc ✓ a Ea *Ea Or o I— r September 26, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Attn: Steve Fisch Baja Broadband, LLC 1061 521 Corporate Center Drive, Suite 100 Fort Mill, South Carolina 29707 RE: Cancellation and replacement of Collateral — Baja Broadband, LLC Mr. Fisch: Attached hereto, please find the Recorded copy of the Board of County Commissioners Resolution releasing the prior Bond and replacing it with Franchise Bond No. 285045356, on behalf of TDS Baja Broadband, LLC., in the amount of $2,000.00. Per your written instructions, I am enclosing the released Bond, #1942695, in the amount of $2,000.00, and returning it to you.. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. Bectxler Deputy Clerk to the Board FRANCHISE BOND KNOW ALL MEN BY THESE PRESENTS, THAT Baja Broadband, LLC as Principal, and The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 01653 C' ,P C c o SNP' APj,C•<sA ,l xo boa Bond No. 19426f5 hs 0 .6W 4, Weld County, CO o<, having its executive officeg'P, , as Surety, are held and firmly bound unto , hereinafter referred to as Obligee, in the penal sum of Two Thousand Dollars and 00/100 ($ 2,000.00 ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or paid, the number of Subscribers to the system and/or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within its Municipality to transmit and distribute electrical impulses through an open line -coaxial antenna system for television receivers located within said Weld County, CO NOW THEREFORE, the condition of this obligation is such, that if the above bound Principal shall faithfully perform, well and truly observe and fulfill their terms and conditions of the franchise, then this obligation shall be null and void; otherwise it shall remain in full force and effect until cancelled. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by registered mail at its Home Office at 440 Lincoln Street, Worcester, MA 01653 AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the surety within twelve (12) months after an act of breach or cancellation of this bond or termination of said franchise, whichever occurs first. This Bond may be terminated or canceled by Surety by giving thirty (30) days prior notice in writing from Surety to Principal and said Obligee, such notice to be given by certified mail. Such termination shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20th day of December , 2011 . WI (5Wh-e- 4,3c( APPROVED AND ACCEPTED BY: Baja Broadband, LLC PRINCIPAL BY: TITLE �a✓l 44p00 r . r O The Hanover Insurance Company SURETY N � q� BY: l ?l L /! ra&ty Obligee Jennifer Hoe n Title Date Attorney -in -Fact THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint G. Timothy Wilkerson, Angela D. Ramsey, John D. Leak III, Donna K. Ashley, Jennifer C. Hoehn, Wendy E. Lahm, John F. Thomas and/or William J. Quinn of Charlotte, NC and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED:That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its. name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -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 in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 —.Massachusetts Bay Insurance Company; -Adopted September 7, 2001 - Citizens Insurance Company ofAmenca) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS SAY INSURANCE COMPANY and CITIZENS ,INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 5th day of January 2008. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZZEN�SJNSURANCE COMPANY OF AMERICA TI/ Mary Jeanne gr(derson,•Presideytt Robert K. Grennan, Assistant ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 5th day of January 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. 7l//J474 (. )&-/V42?-7,e. Notary Pub,'ic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April IA, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 20th day of December , 20 11. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITINS I�NSUU ANCE COM ANY OF ERICA Q2'l Slept, n r. 6nulf; Assistaiii V/ce Pres en! L%% 7004 2890 0003 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 16 Postmark Here Sent To /y �. a. �n n �j/� orree,Apt.No.MA/ .74f ODrwr, y"AI I" or PO Box No. r City, Slate, DP SENDER: COMPLETE THIS SECTION E Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. It Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1)41 ? 59 -eye P.'sch &k3 a. da,oad,ba7d �L Dr cal C°or�orQ� sa cayi- fII se. a9,707 gent Addre see ry D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Yes 0 3. Service Type ertifled Mail ❑ Registered ❑ Insured Mall O Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7004 2890 0003 5709 8563- 102595-02-M-1540 Hello