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200411992
<br />PAYMENTi30ND No. 404203
<br />y Exhibit "Ell
<br />Pagel of 2
<br />KNOW ALL MEN BY THESE PRESENTS, That Dicon Corporation,
<br />11506 Nicholas Street, Suite 200, Omaha, NE 68154
<br />(hereinafter called the "Principal"), as
<br />Principal and Inland Insurance Company,
<br />P.O. Box 80468, Lincoln, NE 68501 a
<br />corporation, duly authorized to do business in Nebraska
<br />i%1CilMY4, (hereinafter called the "Surety"), are held and firmly bound unto WAL -MART STORES, INC. (hereinafter
<br />called the "Obligee") and its rep�eSe�ltahves, successprg and �si�ns �e sum of
<br />Ten Millfon 'Six Hundred Seventy —eight 3'hoii M 1vo
<br />Hundred Eighty —nine and 00 /100-------------- - - - - -- DoI$10,678,289.00
<br />)f
<br />for the payment of which sum well and truly to be wade the said Principal and Surety bind themselves, and their respective
<br />heirs, administrators, executors, successors and assigns jointly and severally, firmly by these presents.
<br />WI1HREA.S, the Principal has been awarded a contract with Obligee for
<br />#3395 -00 Grand Island, NE
<br />Wal —Mart Supercenter
<br />(hereinafter called the "Contract ") and which Contract is hereby referred to and incorporated by express reference as if fully
<br />set forth herein.
<br />1 NOW, THUEFORE, THE CONDITION OF THIS OnUCiATION IS SUCH, that if the Principal shall promptly make
<br />payment in full to all persons or entities supplying labor, material, supplies, services, utilities and equipment in the
<br />prosecution of the work provided for in said Contract and any and all modifications of said Contract that may hereafter be
<br />made, and shall indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs
<br />and attorneys' fees, which the said Obligee may sustain by reason of principal's failure to do so, then this obligation shall be
<br />null and void; otherwise it shall remain in full force and effect,
<br />The said Surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other modification of the
<br />terms of either the said Contract or in the said work to be performed, or in the specifications, or in the plans, or in the contract
<br />documents, or any forbearance on the part of either the Obligee or Principal to the other, shall in anywise affect its obligation
<br />on this Bond, and Surety does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions,
<br />waivers, or other modifications.
<br />The said Principal and the said Surety agree that this Bond shall inure to the benefit of all persons or entities as supplying
<br />labor, material, supplies, services, utilities and equipment in the prosecution of the work provided for in said Contract, as well
<br />as to the Obligee, and that any of such persons or entities may maintain independent actions upon this Bond in the name of
<br />the person or entities bringing any such action.
<br />00900-19
<br />Grand Island (south), NE - #3395 05/26/04
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