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HomeMy WebLinkAboutR-92-0158P rig J—y2-119 1-30-92 RESOLUTION NO. 9 - 158 A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING GENERAL OBLIGATION BONDS, DUE AUGUST 1, 2001, IN THE PRINCIPAL AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00) WITH COUPON DATED AUGUST 1, 1991 TO SUBSTITUTE LOST BONDS AND COUPONS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM? FLORIDA: SECTION 1. The Commission of the City of Miami, Florida (the "City Commission") hereby finds and determines that: (a) The City Commission has received and caused to be examined an affidavit sworn and subscribed to before a notary public on July 15th, 1991, by Bear Stearns & Co., Inc., that (i) Bear Stearns & Co., Inc. is the lawful owner, or has a proprietary interest in the Twenty Thousand Dollars ($20,000.00) principal amount of City of Miami, Florida Housing General Obligation Bonds, due August 1, 2001, bearing .05% interest, Certificates No. 406, 407, 408, and 409 with coupons dated August 1, 1991; (ii) the Original Bonds and coupons dated August 1, 1991 been lost, stolen or destroyed; (iii) said Bear Stearns & Co., Inc. has no other knowledge or information as to the whereabouts of the Original Bonds and coupons dated August 1, 1991; (iv) the Original Bonds and coupons dated August 1, 1991 have not been sold, assigned, endorsed, transferred or deposited under any CITY COMMISSION MEETRIC OF. MAR 1 2 1992 Resolution No. 9 2 -- 15 jlf" agreement, hypothecated, pawned or pledged, or in any other manner disposed of by or on behalf of Bear Stearns & Co. , Inc.; (v) the affidavit is made for the purpose of inducing the City of i Miami, Florida (the "CITY"), to issue new or duplicate bonds in lieu of the lost bonds and coupons dated August 1, 1991, and to hold the City of Miami, Florida and its successors and assigns harmless against any loss or damage sustained by reason of the issue of such new or duplicate bonds and coupons dated August 1, 1991, or the refusal to make transfer of the original lost bonds and coupons dated August 1, 1991. (b) The City Commission has received and caused to be examined one counterpart of an Indemnity Bond, (hereinafter called the "Indemnity Bond"), executed August 20, 1991 by the Federal Insurance Company pursuant to which the Federal Insurance Company is firmly bound unto the City of Miami, its successors, and any other parties vested with powers or duties respecting the Original Bonds and coupons dated August 1, 1991, or the Duplicate Bonds and coupons dated August 1, 1991, (herein and in the Indemnity Bond called the "Obligees") in an aggregate amount sufficient to indemnify the Obligees in connection with the issuance of the Duplicate Bonds and coupons dated August 1, 1991, which shall remain in full force and effect until the Original Bonds and coupons dated August 1, 1991 are returned to the City and are cancelled. Section 2. For the purpose of providing bonds in substitution for the Original Bonds and coupons dated August 1, 1991 under the authority of the Charter of the City of Miami, -2- 92- 158 4 Chapter 10847, Special Laws of Florida, 1925, as amended, there shall be issued Duplicate Bonds and coupons dated August 1, 1991 of the City of Miami, Florida, similar to the Original Bonds and coupons dated August 1, 1991 to the fullest extent feasible, in the' principal amount of Twenty Thousand Dollars ($20,000.00), consisting of Certificates Number 406, 407, 408, and 409 designated "City of Miami, Florida Street and Housing General Obligation Bonds,' bearing interest at the rate of 0.5% per annum, payable semiannually in each year and stated to mature on August 112001, and coupons dated August 1, 1991. The Duplicate Bonds and coupons dated August 1, 1991 shall be deemed to vest in the holder the same rights, privileges, benefits and immunities and to be subject to the same limitations, requirements and conditions, as the Original Bonds and coupons dated August 1, 1991. Section 3. The Chemical Bank, in the Borough of Manhattan, City and State of New York, is authorized and directed herewith to cause the Duplicate Bonds and coupons dated August 1, 1991 to be printed and delivered to the City Commission for execution, pursuant to the provisions of Ordinance No. 9129, adopted July 10, 1980 and subsequent resolution(s) authorizing the issuance of the Original Bonds and coupons dated August 1, 1991, by the manual signature of the City Clerk, the facsimile signature of the Mayor, and the facsimile seal of the City. Upon satisfying himself that said Affidavit and Indemnity Bond are in proper form and have been duly executed and delivered and that the Duplicate Bonds and coupons dated August 1, 1991 are 92- :158 -3- in proper form and have been duly executed, the Director of Finance shall cause the Duplicate Bonds and coupons dated August 1, 1991 (with counterparts of the Indemnity Bond and the Affidavit and a certified copy of this Resolution) to be delivered to Chemical Bank, for their delivery to said Bear Stearns & Co., Inc. Section 4. Upon delivery of the Duplicate Bonds and coupons dated August 1, 1991 executed as herein provided, the Original Bonds and coupons dated August 1, 1991 shall be null and void and no longer an obligation of the City of Miami, Florida. If the Original Bonds and coupons dated August 1, 1991 shall be found or otherwise come into the custody or possession of the City or any Paying Agent of the City, the City shall cause the Original Bonds and coupons dated August 1, 1991 to be canceled, shredded and destroyed, and shall cause a signed certificate to such effect to be sent to the Director of Finance of the City, Chemical Bank, and the Paying Agents of the City respecting such issue of Bond. Section 5. All costs and expenses incurred by the City in connection with the issuance of the Duplicate Bonds and coupons dated August 1, 1991 shall be charged and collected by the City from the owner of the Original Bonds and coupons dated August 1, 1991. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th 4ATTE MAT IRAI _ CITY CLERK _4 day of March , 1992. XAVIER L SUAREZ, MAYOR 92- 158 E El PREPARED AND APPROVED BY: RAFAEL O. DIAZ DEPUTY __ CITY TORNEY tX APPROVED AS TO FORM AND CORRECTNESS: 01Y4 N JqN,8S, III CITY ATT0 N Y : - i5s -5- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CAwl Honorable Mayor and Members To : of the City Commission DATE FEB 2 1 1992 FILE SUBJECT : Agenda Item - Replacement of Lost Bonds Cesar H. Odio FROM ' City Manager RKQQMMENDATION - REFERENCES : ENCLOSURES. It is respectfully recommended that the attached Resolution authorizing the replacement of certain City of Miami, Florida Housing General obligation Bonds, due August 1, 2001, in the principal amount of Twenty Thousand Dollars ($20,000) to substitute lost bonds and coupons dated August 1, 1991, be approved. BA j GROUND - The replacement of bonds lost by holders of City -issued bonds requires City Commission authorization. Bear Stearns & Co., Inc., holder of $20,000.00 in City of Miami, Florida Housing General Obligation Bonds, due August 1, 2001, and coupons dated August 1, 1991, lost them and has posted the necessary Affidavit and Indemnity Bond to protect and hold harmless the City in regards to the issuance of the replacement bonds. The Finance Department hereby recommends the adoption of the attached resolution to replace the lost bonds and coupons dated August 1, 1991. 92- 158 C,411-j C KMICALBAW", Financial Services Group S.T.S. Customer Services Bondholder ilelatlons Unit 55 Water Sheet. New York, NY t0041 Tel: (2121 SM15620 August 26, 1991 City of Miami Treasury Management 65 SW 1st Street Miami, FL 33130 Re: Miami Florida GO Housing Bond, 0.50% Dtd 8/l/81 Due 8/1/2001 Bearer Bond 406/09 @ $5,000.00 Each, Lost With Coupon 8/l/91 & SCA Correspondence Control Number: 91-1095 Dear Sir: We are enclosing for your files, a counterpart of a Sole Obligor Open Penalty Bond of Indemnity and Affidavit of Loss submitted in connection with the loss of the above described security, { Should the enclosures meet with your approval, kindly forward to us a letter advising us to authorize the appropriate banknote company to duplicate the missing bonds and subsequent coupons attached. i Very truly yours, enms O'Reil y Lost Securities Analyst DO/ec Enclosure 92- 158 3 ;CWIcaLBANc Sole Obligor Open Penalty Indemnity Bond ' BOND NO. 55535 94278-142 Fnoiv all Cmen bu these V resents, thet1WEM'ESUM CZ CGIreAVY a corporation organized under to hwf of the State o"PC and duty authorized to fransoct the business of insurance and suretyship in the SuNs of New York and among other Stales, and having an office and dace ofbus+ness of100 William street as Obligor (hereinafter called 'Obligor") le held and rmnly bour unto Crly Cr MD MI FL FLORLd4 LMM PFMONAL Big( CHDUCAL BAt4C end unto an such indMiduah, firms and corporations as may now or hereafter be as Transfer Agent(s). Regisuar(q. no. demotion Agents), Deoositary(1es), Trustees and unto any other Paying, Distributing or Disbursing Agent or Agencws in mow 'of the below -mentioned certilicate(s). their rasoectiva legal representatives, successors and assigns (heretether co&Kbvely called "Obligees"), in an aggregate sum not exceeding the maximum for which Obligor may lawfully obligate Its" 1n swollen of any tingle nsk, lawful money of the United States, sufficient to indemnity Obligees, their respective legal represenbhvas, su ciesaors and assigns. in case of a default under the conditions of this bond as tweinaher set forth, to be pad o Obligees, their respective legal representatves, successors or assigns, as interest may spoesr: for which payment wall and truly to be made the Obligor binds inset, Its legal representatives, succauors, and assigns, Jointly and severally, firmly by these prewts. SEALED with Its seal and exec~ In TWO tbunlerparb. Chet 20th dayof August .19 91 WHEREAS. the Obligor ►ep►asa its that MUM FIaMA m t3W= EIM, 0. W% rim a/1/81 wE 8/i/2001, BFAm Bab 406/09 @ $5r000.0o Pa, in8r wrm a3zw 8/1/91 & BQt, (such security or securities being heninstier cared Odgkur or "originalsi. and am the same are rI . 11061. stolsn or destroyed and cannot be found or produced. by virtue of which tw Obspw has nsquesI Oblgenb Walla b: BEAR STEAMS a Co., INC. a now or duck to rrtrument or inarurnsnfs. or 10 pay b BEAR STEAMS a CO. , INC. she amount due on sad original or cingir" without sunander or prpwtteon tereof for canpypon or stamping or for any other Ourpoes; and WHEREAS. on the faith of the foregoing reprowtation and in comdderaeon of this bond of frwoo. rdly, OWipaae hove obm- pied or agreed o Comply with said requests: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, tat If the Obligor, the legal repnaaMatives. succes- aort or assigns of Obligor. or any of them, shoo In Case the original or originals be found or come Into the hands, euaoCy, of power of any of them, or into the hands, custody or power of any corporation, firm or person. deliver or cause the same ao be delivered veto Oblipses in order to be cancettsd, and than also at so times defend. indemnify and Save hamhless Obipas from and against any and d claims. ections and wits. whether groundless or otherwise, and from and against any and u baba - ties, losses. damages, costs. charges. counsel Nee and other expenses of every nalure and character by mason of the orgirW or originals and/or the issuance of a duplicate of duplicates in lieu thereof or in ieu of any instrument or instruments of purported like issue and amouM which because of alteration, change or founterted may not be identified as or as not it* said mislaid, big, stolen or. destroyed original or Originals, or the making Of any payment. credo. transfer. registration, corngrtbn. exchange or delivery in respect of the original or originals without surrender tereof. and/or in respect of the duWAft w dupicafes. whetior or nit caused by, based upon or arising out of the honoring or refusing to horror the original of originals when faegnled by any. One. and/or whether or not caused by. based upon or er,sing out of redwertenee, accident, oversight or neglect on the an at Obligees. or any Of them, of their respective Officwt. agents. clerks. Of employees and/or omission or failure to inquire in40, con. Out Of litigate the night of any applicant to receive any payment, tread, frontier, registration. conversion, exchange, issue or de- livery in tspect of the original or originals and/or the duPlicalf or dupkcales issued in Wu thereof, and/or caused by, based upon or along out of the rel"se of any security or the satisfaction of any instrument or instruments under which the original or Ong- fnals and/or duplicate or duplicates are issued or toured, and/or caused by. based upon or ersdg out O(any other malts, of tnirg whatsoever. Iron this Obligation shall be void, otherwise shot remain in tug force and entice AND We Obligor, in consideration of the issuance of new Of duplicate instrument or instruments hereby aging with the Obk- gaes, that, in use any atgation that be instituted in any was related to. touching or affecting the Oblgaes, or any of them. with regard to the issuance hereinbefore Mquesled, 4 will be responsVe for such litigation on behalf of iht Obligees. it to requested by them. of any of them, and, in any event. wA pay at costs, counsel fees and charges contweW thefttwth, whetter such see gstion shag have been Pantiorpated in by it Of not 021017 ta-T1) ei] OVER 99 _ 158 v T for further agrees that in case the misled, lost, stoten or desl original or originals be found or come into the hends� F if of any person, or into the hands. custody or power oft ees or any of them lot any purpose other thin cance ,., without reissue, then the Obligor will forthwith, on damand,�0 Ind deliver to the Obligees either such original or originals or said new Instrument or instruments or will pay to the Oblip 5 sum of money sufficient to enable the Ob+gees to purchase in the open market securities of the same Issue and amount as the original or originals. The Obligor agrees that. in case of any default under thetonddiopts of this bond, it waives and releases any and an right or claim against Obligees or any of them, whether by way of subrogation or otherwise. for any loss, expense or liability incurred by the Obligor caused by, tossed upon or rising out of the enforcement of this bond by Obl gees or any of them. The Obligor agrees that Its kabifity hereunder shall be absolute, subject only 10 the conditions herein expressed No inaccuracy in the description of the securities retorted to as the original or originals Shall after, modify or affect Ili@ oblpa- lions of the Obligor hereunder. This bond shall be deemed a New York contract and shalt be governed as to an mailers whatsoever, whether of validity, interpretation, obligation, performance at otherwise exclusively by the laws of the State of New York, and ae ouestions arising with respect thereto than be determined in accordance with such laws Regardless of where actually delivered, this bond shall be deemed to have been accepted by the Obligees in the Stele of New York The Obligor hereby further agrees to furnish Obligees. without expense to Obligees. a new Bond of Indemnity, which may differ from this Bond in amount or In any other respect, with Satisfactory surety or Sutekes in case this obligation should not at any time tot any reason in the opinion of Obligees afford sufficienl protection �MAL INSUteel.iVL t�Uldl'Af>iYt STATE OF as. COUNTY OF On the day of in the year 19 before me personally appeared to me known, who being by me duly swom, did depose and saythat he resides at that he is of the corporation described in and which executed the above instrument; that he knows the seat of said corporation; that the Sul affixed to said instrumenl is such corporate seal; that n was so affixed by order of the board of directors of said corporation; and fhal he signed his name thereto by like order. ...............................:... ......... ................... otary Public in and for die abort Courtly arxi Slate My Commission expirK.- V9 92-- 158 I i VUVVtt1 Ur Al IUf11VtT Know all Men by these Presents, Th FEDERAL INSURANCE COMPANY, 15 Mountai( -)F Road, Warren, New Jersey, an Indiana Corporation .has consiltuted and appointed and does heret, statute and appoint Mark A. Cook, Chr. opher J. Franklin, Malcom NBurton,Dorothy Kern, Marie Hughes, Gail Victor, Nancy Villano and Elba Santiago of New York, eactl'ig irlosI kkf lawful Attorneyan•Fact to execute under such designation in Its name and to affix its corporate seal to and deliver tot and on its behalf any anc all Lost Instrument Bonds wherein the said FEDERAL INSURANCE COMPANY is named as Obligor. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its 9yLaws, caused thife presents to be signed by its Vice President and Assistant Secretary and its corporate $eat ho be heretr affixed this 1st day of May t9 90 s o >r e * •�sANlk FEDER IN URANCE COMPANY Re d Night amen D. DixoAssistant Asaer rotary Vice President STATE OF NEW YORK 1 County of New York on this I s t day of May 19 90 . before me personalty came Richard Might.10 fne known and by me known to be Assistant Secretary of the FEDERAL INSURANC COMPANY. the Corporation described in and which executed the foregoing Power of Atlomey and the said Richard Might being by me duty sworn, did depose and say that be is Assistant Secretary of ins FEOERA INSURANCE COMPANY and knows the corporate seat thereof, that the test affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the Bylaws of said Compar And that he signed said Power of Attorney as Assistant Secretary of said Company by like authority: trial he is aquainted with Jarnes D Dixon and knows hum to be Vice Prudent Of said Company, and that In apnalute of said James D Dixon subscribed to said rower of Attorney is in the genuine handwriting of said James D Dixon and was thereto subscribed by authority of said eydJws and in deponem's presenew ��Q5E. MCG,O)4r Ack an dged and Sworn ro before m. on the dale abo" wntten NOTARYin PUNX Mary E. M gf: Note Wit:�F Notary P , State of New York No. 01MC46M OP N!� Oualdied in Oueene County — Canihcate (dad m uaene County r Commission Expires June 30. 1990 Financial Statement of Federal Insurance Company as of December 31, 1989 IN THOUSANDS OF DOLLARS STATUTORY BASIS LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS United States Treasury Bonds .......... $ 369.271 Outstanding Losses and Loss Expenses.. $ 2,668.438 United States Government and Federal Unearned Premiums .................. 833.581 Agency Guaranteed Bonds........... 322.546 Accrued Expenses ................... 74.351 _ State and Municipal Bonds ............ 1.876.348 Non -Admitted Reinsurance ............. 42.658 Other Bonds ........................ 451.754 Dividends to Policyholders ............. 23,840 Common Stocks ..................... 268,469 Loss Portfolio Transfer ................ (141,624) Preferred Stocks ..................... 240 Other Liabilities ...................... 180.214 Other Invested Assets ............... 57,838 Short Term Investments ............... 33.333 Real Estate ......................... 5.429 TOTAL INVESTMENTS .............. 3,385.228 TOTAL LIABILITIES ................. 3.681.458. Investments In Affiliates: Capital Stock ........................ 13,987 Vigilant Insurance Company.......... 173.621 Great Northern Insurance Company ... 55,990 Paid -in Surplus ...................... 472.986 Pacific Indemnity Company .......... 288,784 Bellamead Development Corporation... 336.516 Unassigned Funds ................... 457,187 C.C. Canada Holdings Ltd ........... 62.616 Other ............................ 46,140 Unrealized Appreciation of Investments .. 348.463 Cash.............................. 13.121 Net Premiums Receivable ............. 428.505 SURPLUS TO POLICYHOLDERS ..... 1,292.623 Reinsurance Recoverable on Paid Losses ........................... 45.982 c� 9 2- 158 Other Assets ........................ 137.576 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS .......... $ 4.974.081 TO POLICYHOLDERS ............. S 4.974.081 92- 158 ? Investments are valued in accordance with requirements of the National Association of insurance Commissioners. Investments valued at $8.014 are deposited with qovernment authorities as required by law. f➢ ;ITY, COUNTY 8 STATE OF NEW YORK, as IT NOTARSAL ACKNOWLEDGEMENT On this 20th day of AUCIUst t9 91, before me personally came Dorothy Kern to me known, who, being by me duly sworn, did depose and say that he is an Attorney -in -Fact of ie FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the annexed instrument; that he knows the corporate seal; that it +as so affixed by order and authority of the Board of Directors of said corporation, and that he signed his name thereto by like order and authority. iotanaf Seel ELBA SANTIAGO NOTARY PUBLIC. Stale of New York No. 48.46450 �., Qualified In Bronx County Cedificafs Filed in New York Cmq" Cows iasim Expires January 31, tifM ;TATE OF NEW YORK ss CERTIFICATION ;ounly of New Yak 1, the unearsigmed, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following Is a true excerpt from the 8yLaws of the said Company ss adopted by Its Board of Ovecim m March 2. 1990 and that this Bylaw is in hM force and effect. "ARTICLE XVIII. Section 2. AN bonds, Undertakings, contracts and other instruments other than es above for and on behalf of the Company which it Is authorised by few or its charter to execute, may and %hall be executed in the rams and on behalf of the Company either by the Chairman or the Via Chairman or the President Or a Vice President, jointly with the Secretary at an Assistant Seattery, under their respective designations, except that any one or mad officers of afiomsys4ri•lad designated in any resolution of the Board of Directors or the Executive Committee, or in any power or atlorhey e■eculed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation at provMed in such resolution or power of attorney. Section 3. AN powers of attorney fa and on behalf of ttte Company may and shall be executed in the name and on behalf of the Company. either by the Chairman or the Vim Chairman or the President at a Vice President or an Assistant Vise President, joimy with the Secretary or an Assistant Secretary. udei their re%peetne designaion. The signature of such offers may be engraved. printed or lithographed. The signature of each of the following officers: Chairman. Via Chairman, President, any Vice Preatdenl, any Assistant Vice President. any Secretary. any Assistant Secretary end the Nat of the Company may be affixed by lacsimils to any power of attorney or to any canihcale relating thereto appointing Assistant Secretarlas or Aaomeys•ir~Faq for purposes only of executing and alfesiMg bonds and undenak- irigs and other writings obligatory in Ihe nature Mereof, and any such power of attorney at Certificate bearing such facsimile signature or tacelmils seat shalt be valid and binding upon the Company and any such power so executed and corlitied by such faceimlls signature and Iaahnile seal shall be valid and bindii upon this Company with respect to any bond or undertaking to which N a attached." I further certify that said FEDERAL INSURANCE COMPANY is duly aaheed to transact fidNfry and suety business in each of the States of the United States of Arnaica, District of Columbia. Puerto Rico, and sach of the Ptovkrcss of Canada with the exception of Prince Edward Island; and I$ also duty licensed to became rote timely an bands. undertakings. oft.. permitted or required by law. 1. the undarsigned Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the foregoing Power of Attorney is in full tail and eflsel. (liven under my hand and this seal of said Company M damn. N.J., u,t% 2 0th day O(_ August . ,g 91 �!MStLRAh� ttt: s r ; e A�{A Fanh 11.10 0=4 (Rw. "M N.Y. AEG. MAIL 92-- 158 pawn UVA Form k At PROOF OF LOSS TO FEDERAL INSURANCE COMPANY AFFWAVIT OF MAIU14C AND TITLE Pleasemolt: This mom statement is intended for we in connection with the reported eon-drlirmrr by the U. S. Past 08ict Department of a properly meailed letter (net registered) eontainimp securities as described brlow. Please be certain that the addresses who has reported the. non -delivery understands that the securities were peing by Ordinary first-class mail and furnish the addressee with a sompfe of the envelope used. DETAILS OF SHIPMENT (To be fully completed by the assured) BEAR STEARNS & CO., INC. Mailed by (Sender) : OLD PM Date: 4-9-91 ARlH UR SCHAFF & ARniRUR SCHAFF & Exact Name and Address on Shipment: CRAIG SIFT', JTWfICS ClWG SCHAFF, JTWROS 64-66 184TH STREET 1385 HIGHWAY 35, STE 157 FRESH MEADOWS, NY 11365-2131 MIDDLETOWN, NJ 07748-2012 r Post Office at which mailed: BOWLING 'GREEN STATION CONTENTS: — Certificate No.: 406, 407,408, 409 Corporation: MIpI FLA G/O 17M 8/1/81 0.50% 8/1/2001 Class of Stock: MUNICIPAL BONDS Shares: 20,000 Registered in name c I : BEARER Endorsements (If any) Norm The above contents are hereinafter called the "securities" STATE OF NEW YORK COUNTY OF NEW YORKSS: ....,..HOWARD.TIS......R......................... (hereinafter called Deponent), being duly sworn, d ..... po ), g Y open and ayt:— That he is an officer of or partner in (to wit, the firm or corporation of having an office at Your deponent certifies that in accordance with the records and regular procedure of the said firm or corporation and pur- suant to the provisions of the insurance policy carried by it with the above mentioned company. the above described securities were forwarded by first class mail on the date specified to the above named addressee. The said addressee has reported the non-deliven• of the said letter and the inability to find or locate the securities contained therein. Neither the said letter nor the said securities have been returned to the tender and they are believed to have been lost or destroyed in transit in the mail. Deponent agrees on behalf of said firm or corporation that if the securities should ever tome into their hands, custody or Me deponent will immediately surrender the original securities to the Insurance Company. The said securities were the absolute. tole and unencumbered property of said firm or corporation above named and were snouted in transit for account of whom It may concern under policy of insurance issued by the said Insurance Compan to deponent's firm or corporation. i Deponent knows that this affidavit will be used in support of t application to the issuing corporation and its transfer agents and registrars for the issuance under indemnity of new secu iti s to replace �ts lost or destroyed. � '..Y...1............� ..... HOWARD TIBCH ER, VICE-PRESIDE7d! poncrit STATE OF COUNTY OF A }}ss� �/ 1 SS: Oa this /�'- of . 191s/ before see pasomUr appeared the above deponent to sae known and known to me to be the individual described in and who executed the foregoing agreernout on behalf of the firm or corporation snouts ed therein, "and duly acimowl- edged to me that he executed the woe, and luting been duly sworn aid th the statements the were true. .......... .............. ... ............................... Notary Public Date of waptratfon of eoenala:loa as well a aenl eI Cary enmt be alLssd boamom MARK E GOLO6MM Farm aalwsat IEd li-M tFormwermr 42aF) :rotary Public. St&%of N MW* "=��• 07 Ouali w in o con . coteetlaip,t E.*. Home 1 92- 158 s Form E PROOF OF LOSS TO FEDERAL INSURANCE COMPANY AFFIDAVIT OF NON -RECEIPT ANDAOREEMENT Please note: This sworn statement is intended for use in connection with the reported non•cielivery by the U.S Post Office Depart• ment of a properly mailed letter (NOT repisiered) containing securities as described below. Please make anotherlhor• ough search of your office and or househofd. and make inquiries of the postman as wellas others who may have received your mailin your absence. DETAILS OF SHIPMENT (robe fullycompleted by Sender before forwarding this form to the Addressee 1 Mailedby(Senderl:BM STEAM & Co., INC Date 4-9-91 OLD tm ExemName and AddrOlt onshipment. AR77HUR SCHAFF & ARTNUR SCHAFF` 6 CRAIG SCHAFF, J7WROS CRAIG SCHAFF. JTWROS 64-66 1844N SIREEI 1385 HIGHWAY 35, STE 157 Post Office at which mailed. FFMH MEADOWS, NY 11365-2131 MIDDLETIOWN, NJ 07748-2012 CONTENTS:— BOWLING GREEN STATION CerillicaleNo! 406, 407, 408, 409 Corporation. ML4M1 FIA G/O DID 8/1/81 0.50% 8/1/2001 CfassolSlock: MUNICIPAL BONDS Shares- 20,000 Registered in name at. BEARER Endorsemenis (i I any) NONE The above contents are hereinafter called the securities STATE OF COUNTY OF 1. Deponent resides at } SS thereinafter called Deponent). being duly sworn. deposes and says'- 2. Deponentisthelegalandbeneficialowneroftheabovedescribedsecuritiet 3. Neither the above described letter nor said securities have ever been received by deponent or bydepone il'saulhorized spent. Deponent has never endorsed the said securities. nor sold. assigned, transferred. pledged. hypothecated or disposed of the same or any interest therein. Deponent has made a thorough search. and his made inquiries. but has found no trace of the securities or. the letter. ,. Deponent agrees that it the securities should ever come Into deoonent's hands, custody or power. deponent will immediately notify the Sender and (it deponent has received new securities in the meantime) will surrender the original securities to the Insurance Company. 5. Deponent knows that this affidavit will be used In support of application to the issuing corporation end its tranafer gents and registrars lot the Issuance under indemnity of new securities to replace the ones I t. a d to the Insurance Company u at I provisions of the insurance carried by the Sender. q"..,..... ..., .. ..... Sdtaff i .g Sdstsff Deponeni STATE f1F 1 SS: COUNTY OF J On this 1 day of —jt) (r .1991 before me personally appeared the above deponent .................................................... .._...... _...... _.................. ............ to me known and known to me to be the individual described in and who executed the foregoing agreement. and duly acknowledged that he executed the same and having been duly sworn. said that the statements therein were true. NOTARYAULTve ON SAYER c of taw JD41EY MY C°ry""+ron Elkes curie J Panic 30.10453 IRw.. 240) (Forma y I26F) ......... ............................................................................................... Notary Public to of Expiration of oortlmlsalon at WO p seat of Notary must be affixed hereto. rra. 92- 158 )O