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Magnolia Hills Estates Phase III Statutory & Performance Bond # l9,S325 s KANSAS STATUTORY BOND ?0/1 JU� `Co. ei EXECUTED IN CONJUNCTION WITH CONTRACT BOND NO. BD717785 �s,% 2.36 KNOW ALL MEN BY THESE PRESENTS, That we, Lancaster Construction, Inc. , PO BOX 3826, Salina, KS 67402-3826 as principal, and Nationwide Mutual Insurance Company a Corporation organized and existing under the laws of Ohio and authorized to transact business in the State of Kansas, as Surety, are held and firmly bound unto THE STATE OF KANSAS, in the full and just sum of Seventy-six thousand five hundred dollars and no/100 .Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our hairs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Date this 18th day of June A,D.2012 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that WHEREAS, on the 18th day of June , j2012 , the said Lancaster Construction, Inc. , PO BOX 3826, Salina, KS 67402-3826 entered Into a contract with Magnolia Hills Estates, Inc. , 2601 So. Ohio, Salina, KS 67401 providing for Street, Sewer & Water Improvements To Serve The Magnolia Hill Estates Addition Phase III, Salina, Kansas NOW THEREFORE, if the said Lancaster Construction. Inc. shall well and truly pay all indebtedness incurred for supplies, materials, or labor furnished, used or consumed in connection with or in or about the construction of the above described work so as to comply with the provisions of Section 60-1110, of the General Statutes of Kansas, 1964, then this obligation ' to be null and void; otherwise to be and remain in full force and effect. Lancaster Construction, Inc. By: 75 Bradley D. °Lancaster, President Nation ide Mutual Insurance Company f9 By: Kathy J. Cook, A ney-In-Fact Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation - Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: JAMES D.WILSON MEGAN R.SUTTON PHILIP C.KRUG MARK A.SKIDMORE BRENDA R.SMITH SHERI A.EPPENBACH ROBERTA K.BLAIR JANAE D.CRAMER KRISTY L.BALTHAZOR BECKY M.GOOD ALISA JONES KATHY J.COOK each in their individual capacity, SALINA KS p ty,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature,in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $2,500,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers, contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 2..day of February,2011. gam "^Y sr.:::.`+w,� !Jt if :01,0101°;44 Gary A.Douglas;President and Chief Operating Officer of Nationwide Agribusiness Insurance Company IIJ'1 / "SEAL„ / and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, $^rnru tea/ •%\ si/ Compa Insurance Company,Allied Property and Casualty Insurance Company, and Depositors Insurance tiµrwru��y � .�, ACKNOWLEDGMENT : .� �w��o,,,a„R , STATE OF IOWA,COUNTY OF POLK: ss °SEA L a /?;SEAL' On this 23`d day of February 2 011,before me came the above-named officer for the Companies aforesaid,to 3yhy, �,,.•��• /'9,3.,Il�.ht / me personally known to be the officer described in and who executed the preceding instrument, and he s,os, *144:447• Mt" acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies, •,.nrr„ ��� and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the .° ,,,,,, 's • !e lit authority and direction of said Companies. SEAL �.:sFai .; °� .s<el 2r4, - e w..o.,. • a«,..--�..urn Notary P ��� My Commission Expires CERTIFICATE March 24,2014 I, Kathy R.Richards,Assistant Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seals of said Companies this 18th day of June 20' 1,2,: / �- Assistant Secretary This Power of Attorney-Expires 07/31/12 - ' BDJ 1 (02-11)08028 • • ACORD CERTIFICATE OF LIABILITY INSURANCE sA2oi2o1"2YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy ook NAME: Y Sunflower Insurance Group, Inc. IuaNNo.EMI: (800)563-1871 FAX No): (785)825-5098 2090 S. Ohio ADDRESS:kcook @sunflowerinsurance.com P.O. Box 1213 PRODUCER 00000927 CUSTOMER ID q Salina KS 67402-1213 INSURER(S)AFFORDING COVERAGE NAIC INSURED INSURERA:AMCO Insurance Company 19100 INSURER B:KBIWCF 0010 Lancaster Construction, Inc. INSURER C: PO Box 3826 INSURER D: INSURER E: Salina KS 67402-3826 INSURERF: COVERAGES CERTIFICATE NUMBER:11/12 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP DMITS LTR „INSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE Ts REN ED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR ACP7210073862 12/28/201112/28/2012 MED EXP(Any one person) $ 5,000 _ PERSONAL 8 ADV INJURY $ 1,000,000 — GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY 1 ji LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO A ALL OWNED AUTOS AC27210073862 12/28/201112/28/2012 BODILY INJURY(Par person) $ BODILY INJURY(Per accideN) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER • ANY NYICEOPRIETORPARTNEUPECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,.000 (Mandatory In NH) 20121191 1/1/2012 1/1/2013 E.L.DISEASE-EA EMPLOYES $ 1,000,000 If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Sewer & Water Improvements To Serve The Magnolia Hill Estates Addition Phase III, Salina, Kansas CERTIFICATE HOLDER _CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Magnolia Hills Estates, Inc. 2601 So. Ohio Salina, KS 67401 AUTHORIZED REPRESENTATIVE Susan Flaming/SFLAMI "mss a ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909)°"""" The ACORD name and logo are registered marks of ACORD • a `, Performance Bond Conforms with The American Institute of • Architects A.I.A Document No. A-312 • BOND NO. BD 717785 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Lancaster Construction, Inc. Nationwide Mutual Insurance Company PO BOX 3826 1100 LOCUST ST., DEPT 2006 Salina, KS 67402-3826 DES MOINES, IA 50391-2006 866-387-0457 OWNER (Name and Address): Magnolia Hills Estates, Inc. 2601 So. Ohio Salina, KS 67401 CONSTRUCTION CONTRACT Date: June 18, 2012 Amount $76,500 Description (Name and Location): Street, Sewer & Water Improvements To Serve The Magnolia Hill Estates Addition Phase III, Salina, Kansas BOND Date (Not earlier than Construction Contract Date): June 18, 2012 Amount: $76,500 Modifications to this Bond: ®None ❑See Page 3 CONTRACTOR AS PRINCIPAL (Corporate Seal). SURETY Company: Lancaster Construction, Inc. Company: Nationwide Mutual Insurance Company Signature: 1, Signature: %wILL k: Name and Title: Bradley D. Lancaster, President Kat y j . Gook, Attorney-in-fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY--Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or AGENT or BROKER: other party): Assurance Partners CFS Engineers, Inc. PO BOX 1213 210 Southwind P1. , Suite 205 Salina, KS 67402-1213 Manhattan, KS 66503 Printed in cooperation with the American Institute of Architects(AIA)by Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company vouches that the language in this document conforms exactly to the language used in AIA Document A 312, December, 1984 Edition, Third Printing, March, 1987. BDA 480 (09-92) 00 A312-1984 1 1 The Contractor and the Surety,jointly and severally,bind 4.4 Waive its right to perform and complete, arrange for themselves, their heirs, executors, administrators, completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract, which is incorporated herein .1 After investigation, determine the amount for which it by reference. may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therfor 2 If the Contractor performs the Construction Contract,the to the Owner; or Surety and the Contractor shall have no obligation under .2 Deny liability in whole or in part and notify the Owner this Bond,except to participate in conferences as provided citing reasons therefor. in Subparagraph 3.1. 5 If the Surety does not proceed as provided in Paragraph 3 If there is no Owner Default,the Surety's obligation under 4 with reasonable promptness,the Surety shall be deemed this Bond shall arise after: to be in default on this Bond fifteen days after receipt of an 3.1 The Owner has notified the Contractor and the additional written notice from the Owner to the Surety Surety at its address described in Paragraph 10 below demanding that the Surety perform its obligations under that the Owner is considering declaring a Contractor this Bond, and the Owner shall be entitled to enforce any Default and has requested and attempted to arrange a remedy available to the Owner. If the Surety proceeds as conference with the Contractor and the Surety to be held provided in Subparagraph 4.4, and the Owner refuses the not later than fifteen days after receipt of such notice to payment tendered or the Surety has denied liability, in discuss methods of performing the Construction whole or in part, without further notice the Owner shall be Contract. If the Owner, the Contractor and the Surety entitled to enforce any remedy available to the Owner. agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an 6 After the Owner has terminated the Contractor's right to agreement shall not waive the Owner's right, if any, complete the Construction Contract, and if the Surety subsequently to declare a Contractor Default; and elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 3.2 The Owner has declared a Contractor Default and then the responsibilities of the Surety to the Owner shall formally terminated the Contractor's right to complete the not be greater than those of the Contractor under the contract. Such Contractor Default shall not be declared Construction Contract, and the responsibilities of the earlier than twenty days after the Contractor and the Owner to the Surety shall not be greater than those of the Surety have received notice as provided in Owner under the Construction Contract. To the limit of the Subparagraph 3.1; and amount of this Bond, but subject to commitment by the 3.3 The Owner has agreed to pay the Balance of the Owner of the,Balance of the Contract Price to mitigation of Contract Price to the Surety in accordance with the terms costs and damages on the Construction Contract, the of the Construction Contract or to a contractor selected Surety is obligated without duplication for: to perform the Construction Contract in accordance with 6.1 The responsibilities of the Contractor for correction the terms of the contract with the Owner. of defective work and completion of the Construction Contract; 4 When the Owner has satisfied the conditions of 6.2 Additional legal,design professional and delay costs Paragraph 3,the Surety shall promptly and at the Surety's resulting from the Contractor's Default, and resulting expense take one of the following actions: from the actions or failure to act of the Surety under 4.1 Arrange for the Contractor, with the consent of the paragraph 4; and 4.1 Arrange to perform fothe and complete the consent of the 6.3 Liquidated damages,or if no liquidated damages are Contract; or specified in the Construction Contract, actual damages 4.2 Undertake to perform and complete the Construction caused by delayed performance or non-performance of the Contractor. Contract itself,through its agents or through independent 7 The Surety shall not be liable to the Owner or others for contractors; or obligations of the Contractor that are unrelated to the 4.3 Obtain bids or negotiated proposals from qualified Construction Contract, and the Balance of the Contract contractors acceptable to the Owner for a contract for Price shall not be reduced or set off on account of any such performance and completion of the Construction unrelated obligations. No right of action shall accrue on Contract, arrange for a contract to be prepared for this Bond to any person or entity other than the Owner or execution by the Owner and the contractor selected with its heirs, executors, administrators or successors. the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified 8 The Surety hereby waives notice of any change, surety equivalent to the bonds issued on the including changes of time, to the Construction Contract or Construction Contract, and pay to the Owner the amount to related subcontracts, purchase orders and other of damages as described in Paragraph 6 in excess of the obligations. Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or • BDA 480(09-92)00 A312-1984 2 • • 9 Any proceeding, legal or equitable, under this Bond may 12 DEFINITIONS be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and 12.1 Balance of the Contract Price: The total amount shall be instituted within two years after Contractor Default payable to the Owner to the Contractor under the or within two years after the Contractor ceased working or Construction Contract after all proper adjustments have within two years after the Surety refuses or fails to perform been made, including allowance to the Contractor of any its obligations under this Bond, whichever occurs first. If amounts received or to be received by the Owner in the provisions of this Paragraph are void or prohibited by settlement of insurance or other claims for damages to law the minimum period of limitation available to sureties as which the Contractor is entitled, reduced by all valid and a defense in the jurisdiction of the suit shall be applicable. proper payments made to or on behalf of the Contractor under the Construction Contract. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the 12.2 Construction Contract: The agreement between the signature page. Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where 12.3 Contractor Default: Failure of the Contractor, which the construction was to be performed,any provision in this has neither been remedied nor waived, to perform or Bond conflicting with said statutory or legal requirement otherwise to comply with the terms of the Construction shall be deemed deleted herefrom and provisions Contract. conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 12.4 Owner Default: Failure of the Owner, which has Bond shall be construed as a statutory bond and not as a neither been remedied nor waived,to pay the Contractor as common law bond. required by the Construction Contract or to perform and complete or comply with the other terms therof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Signature: N/A Signature: N/A Name and Title: Name and Title: Address: Address: BOA 480(09-92)00 A312-1984 3 • • Labor and Material Payment Bond Conforms with The American Institute of Architects A.I.A Document No. A-311 BOND NO. BD 717785 KNOW ALL BY THESE PRESENTS: that Lancaster Construction, Inc. PO BOX 3826 Salina, KS 67402-3826 as Principal, hereinafter called Principal, and Nationwide Mutual Insurance Company 1100 LOCUST STREET, DEPT. 2006 DES MOINES, IA 50391-2006 866-387-0457 as surety, hereinafter called Surety, are held and firmly bound unto: Magnolia Hills Estates, Inc. 2601 So. Ohio Salina, KS 67401 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Seventy—six thousand five hundred dollars and no/100 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 6/18/2012 entered into a contract with Owner for Street, Sewer & Water Improvements To Serve The Magnolia Hill Estates Addition Phase III, Salina, Kansas • in accordance with Drawings and Specifications prepared by • CFS Engineers, Inc. 210 Southwind P1. , Suite 205 Manhattan, KS 66503 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. BDA 481 (09-92) 00 A.I.A.311 • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the were furnished, or for whom the work or labor was done or Principal or with a Subcontractor of the Principal for labor, performed. Such notice shall be served by mailing the same by material, or both, used or reasonably required for use in the registered mail or certified mail, postage prepaid, in an envelope performance of the Contract, labor and material being construed addressed to the Principal, Owner or Surety,at any place where to include that part of water,gas,power, light, heat,oil,gasoline, an office is regularly maintained for the transaction of business,or telephone service or rental of equipment directly applicable to the served ih any manner which legal process may be served in the Contract. state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Surety hereby jointly and • severally agree with the Owner that every claimant as herein b) After the expiration of.one (1) year following the date on defined, who has not been paid in full before the expiration of a which Principal ceased Work on said Contract, it being period of ninety(90)days after the date on which the last of such understood, however,that if any limitation embodied in this bond claimant's work or labor was done or performed, or materials is prohibited by any law controlling the construction hereof such were furnished by such claimant, may sue on this bond for the limitation shall be deemed to be amended so as to be equal to use of such claimant,prosecute the suit to final judgment for such the minimum period of limitation by such law. sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any c) Other than in a state court of competent jurisdiction in and costs of expenses of any such suit. for the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States 3. No suit or action shall be commenced hereunder by any District Court for the district in which the Project, or any part claimant: thereof, is situated, and not elsewhere. a)Unless claimant,other than one having a direct contract with 4. The amount of this bond shall be reduced by and to the extent the Principal, shall have given written notice to any two of the of any payment or payments made in good faith hereunder, following: the Principal, the Owner, or the Surety above named, inclusive of the payment by surety of mechanics'liens which may within ninety(90)days after such claimant did or performed the be filed of record against said improvement,whether or not claim last of the work or labor,or furnished the last of the materials for for the amount of such lien be presented under and against this which said claim is made, stating with substantial accuracy the bond amount claimed and the name of the party to whom the materials • • 16/i/it Signed and sseeyaln�leed J�y/�J\ " Lancaster Construction, Inc. (Seal) (Witness) (Principal) :tit QI, • Bradley . Lancaster, President (Title) • p {I// �Y 9.41 "—' Gji n' tom"f/IJ Nationwide Mutual Insurance Company - ' Susan Flaming I (Witness) ' (Surety), • • • Kathy J. ( o Attorney-in-Fact • . KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation - Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation • hereinafter referred to severally as the'Company and collectively as the"Companies,each does hereby make,constitute and appoint: JAMES D.WILSON MEGAN R.SUTTON PHILIP C.KRUG MARK A.SKIDMORE BRENDA R.SMITH SHERI A.EPPENBACH ROBERTA K.BLAIR JANAE D.CRAMER KRISTY L.BALTHAZOR BECKY M.GOOD A LISA JONES KATHY J.COOK each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal, d execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature,in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS 32,500,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms,applications,memorandums,undertakings,recognizances,transfers, contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company: RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terns and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents' This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 3y_"day of February 2011. i0 /� wr?�e��� Gary A.Douglas;President and Chief Operating Officer of Nationwide Agribusiness Insurance Company q 0 •$A•; 0 and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,•' k.• • 0 ,4 . ;;;�0 Companysurance Company.Allied Property and Casualty Insurance Company, and Depositors Insurance a �4o~.•'t�F�'Io � ,�, ACKNOWLEDGMENT ••• tea+'• STATE OF IOWA,COUNTY OF POLK: ss "cloopA , S EA L g /11 SEAT•,-� • On this 23' day of February 2ry0111,before me came the above-named officer for the Companies aforesaid,to \'.) d,,,a O +�wm4Ji me personally known to be the officer described in and who executed the preceding instrument, and he \•ru�i 3,iy�� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies, J�u•rrr,00 � , and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the ,f`„e••� • authority and direction of said Companies. ;SEAL ' 1•;sFaL ; ZL ►_� 11 My Commission Expires CERTIFICATE March 24,2014 I,Kathy R.Richards,Assistant Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seals of said Companies this 18th day of June ,20` 12, Assistant Secretary This Power of Attorney Expires 07/31/12 BDJ 1 (02-11)08028 • A�O® CERTIFICATE OF LIABILITY INSURANCE e%zo/2o1n2) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Kathy Cook PHONE Sunflower Insurance Group, Inc. INC No. (800)563-1871.Eat): ( No). (785)825-5098 2090 S. Ohio EM 2090 sunflowerinsurance.nom P.O. Box 1213 PRODUCER 00000927 CUSTOMER ID M' 'Salina KS 67402-1213 INSURER(S)AFFORDING COVERAGE NAIC INSURED INSURER A:NCO Insurance Company 19100 INSURERS:KBIWCF 0010 Lancaster Construction, Inc. INSURER C: PO Box 3826 INSURER 0: INSURER E Salina KS 67402-3826 INSURERF: COVERAGES CERTIFICATE NUMBER:11/12 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYVY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAG TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR ACP7210073862 12/28/201112/28/2012 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRCT O- LOC $ _ JF AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO A ALL OWNED AUTOS ACP7210073862 12/28/201112/28/2012 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE _ $ DEDUCTIBLE _ $ RETENTION $ $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n EA N (Mandatory in NH) 20121191 1/1/2012 1/1/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) Sewer & Water Improvements To Serve The Magnolia Hill Estates Addition Phase III, Salina, Kansas CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Magnolia Hills Estates, Inc. 2601 So. Ohio Salina, KS 67401 AUTHORIZED REPRESENTATIVE Susan Flaming/SFLAMI ACORD 25(2009109) ©1988.2009 ACORD CORPORATION. All rights reserved. INS025 imps) The ACORD name and logo are registered marks of ACORD