Free Proposed Supersedeas Bond - District Court of Colorado - Colorado

Case 1:00-cv-02303-EWN-CBS Document 115 Filed 08/31/2005 Page 1 of 3

UNITED STATES DISTRICT COUR T FOR THE DISTRICT OF COLORAD O

DENVER MERCHANDISE MART , Plaintiff v. SHEILA G . KEELAN, Defendant

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Case No . 00-cv-02303-EWN-CBS

Bond Number LPM878877 1

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SUPERSEDEAS BON D

Know All Men by These Presents, That Denver Merchandise Mart, as Principal, and Fidelity and Deposi t Company of Maryland, as Surety, are hereby bound unto Sheila G . Keelan, her heirs, executors and administrators ("Appellee"), in the sum of SEVENTY FIVE THOUSAND AND NO/100 DOLLAR S ($75,000 .00), covering the judgment below in the amount of $64,513 .49 in attorneys' fees and expenses , $823 .53 in costs pursuant to 28 U .S.C . 1920, costs which may be awarded on appeal, and post judgmen t interest, for the payment of which, we jointly and severally bind ourselves, our heirs, executors o r administrators, firmly by these presents . Sealed with our seals and dated this 25th day of August 2005 . The Condition of the Above Obligation, That Whereas, the above bound Principal has applied for an d obtained an appeal to supersede and reverse a judgment recovered by the said Appellee against the sai d Principal on the 28th day of July, 2005 . Now, if the said Principal shall prosecute to effect the said suit and shall pay and satisfy such judgment a s the appeals court shall render in this case, then this obligation shall be void ; otherwise to remain in full force and effect. In no event shall the liability of the surety exceed the penal sum of this bond .

Fidelity and Deposit Company of Marylan d
By :

" ^LGtB_,. lc~CC.2-~ Karen Kubica, Attorney in Fact

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BY Honorable Judge Edward W . Nottingham United States District Court Judg e



Case 1:00-cv-02303-EWN-CBS

Document 115

Filed 08/31/2005

Page 2 of 3

Power of Attorne y FIDELITY AND DEPOSIT COMPANY OF MARYLAN D COLONIAL AMERICAN CASUALTY AND SURETY COMPAN Y
KNOW ALL MEN BY THESE PRESENTS : That the FIDELITY DEPOSIT COMPANY OF MARYLAND, and th e COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, orporations of the S r aryland, by PAUL C. ROGERS, Vice President, and T . E. SMITH, Assistant Secretary, in p suance ofu R , Article V1, Section 2 , :9a of the By-Laws of said Companies, which are set forth on the revers e ed to be in foil forc e and effect on the date hereof, does hereby nominate, const i elly A. WESTBROOK and Karen KUBICA, all of D at and Attorney-in-Fact, to make, execute, seal and deliver, for, an ed: any and all bonds and undertakings, EXCEPT b Community Survivors and Communit y Guardians . and th gs in pursuapce of these presents, shall be as binding upon sai d Companies, as fully purposes, as if they ha been duly executed and acknowledged by th e regularly elected off y at its office in Baltimore, M in their own proper persons . This power of attorney revokes that issued o James W. BAUGHMAN, Kelly A . KN SEL, Steven E . LEWIS, dated August 6, 2001 . The said Assistant Secretary does hereby certify that the extract set ford} on the reverse side hereof is a true copy of Article VI , Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names an d affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIA L AMERICAN CASUALTY AND SURETY COMPANY, this 23rd day if September, A .D. 2003 . ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAN D COLONIAL AMERICAN CASUALTY AND SURETY COMPAN Y

By:
T. E. Smith

Assistant Secretary

Paul C. Rogers

Vice Presiden t

State of Maryland 1ss .. City of Baltimore J On this 23rd day of September, A.D . 2003, before the subscriber, a Notary Public of the State of Maryland, dul y commissioned and qualified, came PAUL C . ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of th e FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AN D SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed th e preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally an d each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to th e preceding instrument is the Corporate Seals of said Companies ; and the the said Corporate Seals and their signatures as suc h officers were duly affixed and subscribed to the said instrument by theiithority and direction of the said Corporations . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abov e written.

Dennis it Hayden

Notary Public My Commission Expires : February 1, 200 5

POA-F 168-0301


Case 1:00-cv-02303-EWN-CBS Document 115 Filed 08/31/2005 Page 3 of 3

ZURIC H THIS IMPORTANT DISCLOSURE NOTI E IS PART OF YOUR BON D
We are making the following informational disclosures in complianke with The Terrorism Risk Insurance Act o f 2002. No action is required on your part . Disclosure of Terrorism remiu m The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond i s $_waived . This amount is reflected in the total premium for thi bond. Disclosure ofAvailability'of Coverage }'orTerrorism Losse s As required by the Terrorism Risk Insurance Act of 2002, we have ade available to you coverage for losse s resulting from acts of terrorism (as defined in the Act) with terms, mounts, and limitations that do not diffe r materially as those for losses arising from events other than acts of t rrorism . Disclosure of Federal Share of Insurance Co pang's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (ids defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible . For 2002, the insurance company deductible is 1% o f direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% o f direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year . The federal share of an insurance company's losses above its deductible is 90% . In the event the United States government participates in losses, the United States government may direct insurtrice companies to collect a terrorism surcharg e from policyholders . The Act does not currently provide for insuranck : industry or United States government participation in terrorism losses that exceed $100 billion in any one Calendar year . Definition of Act of Terroris m The Terrorism Risk Insurance Act . defines "act of terrorism" as any act that is certified b the Sercetary of .th e y, , Treasury, in concurrence with the Secretary of State and the Attorne General of.the United States : 1. to bean act of terroris m 2. to be a violent act or an act that is dangerous to human life, pjoperty or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an ai r carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which Unite States income tax is paid and whose insuranc e coverage is subject to regulation in the United States), or the remises of a United States mission ; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreig n interest as part of an effort to coerce the civilian population o the United States or to influence the policy o r affect the conduct of the United States Government by coercion . But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resultin g from the act, in the aggregate, do not exceed $5,000,000 . These disclosures are informational only and do not modify your bond or affect your rights under the bond . Copyright Zurich American Insurance Company I
2003