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<br />;H. For the better protection of the Surety, the
<br />Indemni tors, jointly and severally , do hereby assign,~r~n8fe.r
<br />convey to the Surety,. all of their right, title, int:e:I'est~nd'
<br />estate (including homesteads) in and to all of theiI'pr.o~~" ,..' .
<br />real, personal or mixed, wherever situated or ofwh~tevernaJ:ur:ei,
<br />in which the Indemnitorspresently have, ormayhereaft:el:'B"R~aini
<br />an interest, including but not limited to theprop:e:I't~,des.c;ribed; .....
<br />in th_s schedule{s) appended hereto; such.- as's-i'g-i"lmen-t--_to;:)j~_'-,,'~
<br />effective as of the date hereof, subject to beingdi!feat~dil1th;~
<br />event there is: no breach or default in the p:erformanci!C!fanyo'f
<br />the provisions covered by any such bond(-s); no breach ordefaul.t
<br />in the performance of any of the provisions ofthisagreemenp,rno
<br />failure or inability on the part of the bond principa:ltq:prolllptry
<br />pay, satisfy or discharge all obligations which mighfcohst;i:tuti!.a:'
<br />claim under any such bond(s); and no declaration of defimJ:tby any
<br />obligee named in any such bond(s).
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<br />22. It is hereby agreed that the Surety may, withouta~y
<br />cause or notice to the Indemnitors, make schedules of any or'aTl
<br />of the Indemnitors' real and personal property, attach the same
<br />hereto at any time, and file or record this agreement with any and
<br />all attached schedules of property (Which by this reference are
<br />expressly incorporated herein) under any provisions of law
<br />governing the filing or recordation of mortgages, deeds, financing
<br />statements and other similar or related docum ,ts. In lieu
<br />thereof, the Surety may perf .~c:t its interest .La such property at
<br />any time, without any reason or caus'.:. and without notice to the
<br />Indemnitors by exercising its power of attorney under sections 17
<br />and 23 and by executing and recording a Quit Claim Deed or a
<br />financing statement, or any similar document, in its favor.
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<br />23. The Indemnitors, jointly and severally, do hereby
<br />irrevocably nominate, constitute, appoint and designate the
<br />Surety, its officers, agents and employees, as their attorney-in-
<br />fact, with the right, but not the obligation, to exercise all of
<br />the rights and interests in property of the Indemnitors hereby
<br />assigned, transferred and set over to the Surety and in the name
<br />of the Indemnitors, jointly or severally, to make, execute and
<br />deliver any and all documents, deeds, mortgages, financing
<br />statements, assignments, etc. deemed necessary and proper by the
<br />Surety in order to give full effect to the meaning and intent of
<br />the within assignment, and the Indemnitors hereby ratify all acts
<br />and actions there done by the Surety. The Surety shall not be
<br />obligated to perform or discharge, nor does the Surety undertake
<br />or assume to perform or to become liable for the performance or
<br />discharge of any of the terms, covenants or conditions that are to
<br />be kept or performed by the Indemnitors, or any of them, in
<br />connection with the matters and things assigned herein.
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<br />24. The term nother expenses II in section 2 shall be deemed
<br />to include interest at the statutory rate from the date Surety
<br />makes any payment under such bonds until Indemnitors have
<br />indemnified Surety in full.
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<br />25. It is agreed that Surety may assign any of the rights,
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