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Fill and Sign the California Business Entity Form

Fill and Sign the California Business Entity Form

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NOTICE OF ELECTION (Business Entity as Construction Lender) Name of construction lender:       Street Address:       City, State and Zip Code:       Name of owner or reputed owner:       Street Address:       City, State and Zip Code:       Name of direct contractor:       Street Address:       City, State and Zip Code:       Site of the Improvement: Street Address:       City, State and Zip Code:       Legal Description:       COMES NOW,       , construction lender on the project involving the work of improvements to the property at the above location and who has received a Request for Notice of An Election from       , a lien claimant who has furnished labor, services, equipment and/or materials for the work of improvements to the property above, and hereby provides notice of an the election. The undersigned elects to: NOT withhold funds since the stop payment notice was unbonded NOT withhold funds as the claimant is not a direct contractor and a payment Notice of An Election Page 1 of 4 CA Civil Code § 8538 bond was recorded before the stop payment notice was received. WITHHOLD funds effective on the date of this election Other:       The undersigned has attached hereto a copy of any applicable payment bond. Date:       Name of Entity:       ATTESTED BY: (if required) A Corporation By:       Signature Signature of authorized signatory             Type or Print Name Type or Print Name       Its:       Position or Rank Capacity of Signatory Notice of An Election Page 2 of 4 CA Civil Code § 8538 PROOF OF NOTICE DECLARATION (Civil Code § 8118) I,       , declare that I have served copies of the NOTICE OF ELECTION by (check appropriate box below): a. By personally delivering copies to: Name:       Title:       At: (Street Address)       City, State and Zip Code:       On:       , 20       , at       am / pm. [Provide the above information for all other parties personally served on attached Exhibit A] b. By Certified, Express, or Registered Mail Service, postage prepaid addressed to: Name:       Title:       At: Street Address:       City, State and Zip Code:       On:       , 20       [Provide the above information for all other parties served by mail /express service on attached Exhibit A] See attached documentation provided by the US Postal Service or express mail service showing the date of delivery and the name of the person accepting delivery; tracking record or other documentation from express carrier showing attempted delivery or delivery of the notice; or, in the event of non-delivery, the returned envelope itself. I declare under penalty of perjury that the foregoing is true and correct. Signed at       , California , on       , 20 ______ . Signature       Print or Type Name A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ______________________ Notice of An Election Page 3 of 4 CA Civil Code § 8538 On ______________________ before me, ______________________ (here insert name and title of the officer), personally appeared ______________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. _____________________________________________ Signature (Seal) Notice of An Election Page 4 of 4 CA Civil Code § 8538

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