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1976-1207_BRAEGER ,ART A._Notice to Withhold RECEIVEDPO kc 1 12 ii PM 176 RAO CITY OF NOTICE TO WITHHOLD CAPs AI JUAN ISTRANO STOP NOTICE TO HOLDER OF FUNDS For Materials Furnished and/or Labor Performed TO City of San Juan Capistrano , HOLDER OF FUNDS, City of San Juan Capistrano NOTICE IS HEREBY GIVEN that the undersigned has performed labor and/or furnished materials to the contractor or other person acting by the authority of the contractor and/or the owner in the repair, construction or alteration upon the property generally described as follows: E1 Camino Real Park, San Juan Capistrano, California The same has been furnished between the 28th day of Ln and th0th day of October 19_76 . A general description of the nature of the labor performed and/or materials supplied is as follows: Stamped concrete including, concrete, color, labor, wax, and tools necessary to perform the installation. The name or names of persons to or for whom the same was performed or furnished is (are) Art Breager Construction 1334 No. Benson Upland, California The total value of all labor to be performed and/or materials to be furnished is $ THE CLAIM OF THE UNDERSIGNED is for the value of all materials and equipment actually furnished and/or for services and labor actually performed for which payment has not been received;which claim is $ 1550.00. YOU ARE HEREBY NOTIFIED TO WITHHOLD sufficient money to answer the foregoing claim and any lien that may be filed therefor for record under Article 2, Title 4, Part 3, of the California Code of Civil Procedure. (§1190.1 to 1193.1 C.C.P.) Will -am orhead Corp. , dba Name of Clai E CONCRETE B :�— P. 0. Box 404 South Laguna, California 92677 Complete Address of Claimant (Zip Code) STATE OF CALIFORNIA ) s.s. COUNTY OF � � ) being duly sworn, deposes and says: That he is the person who signed the foregoing Notice to Withhold; that he has read the same and knows the contents thereof to be true of his own knowledge, except as to any matters or things that may therein be stated on his information and belief and as to those matters and things he believes them to be true. Deponent Subscribed and sworn before me � 1 this / day of 191_ . - CA `-'I i IN Nota'T Public and for said�g ' r I c' ;l `III' -; MY Comnia�lon C_;_s:9 _j G 1977 (over) hTi.^:��. „_.._'..._. __., __-__ u LrV'vi 1, _W11111100—ARNO INN W1111 NOTICE TO WITHHOLD WOLCOTTS FORM 894, REV. 9-68 :SW-MaiAXooXuaiaii0 i i FOR YOUR ASSISTANCE SECTION 1190.1(h) of the California Code of Civil Procedure as amended by the 1967 legislative session is hereafter quoted. Should you have any doubt as to the usefulness of this form for your purposes you are urged to consult your attorney. (h) Notice to equitable owner; withholding funds. (h) Any of the persons mentioned in Sections 1181 and 1184.1, except the contractor, at any time prior to the expiration of the period within which claims of lien must be filed for record, as prescribed by the provisions of Section 1193.1 of this code, may, in any instance in which the funds with which the cast of the work of improvements are, wholly or in part, to be defrayed from the proceeds of a building loan, give to the mortgagee, beneficiary under deed of trust, or assignee or successor in interest of either, or to any escrow holder or other party holding any funds furnished or to be furnished by the owner or lender or any other person as a fund from which to pay construction costs or arising out of a construction or building loan, a notice similar to the one provided for in subdivision (a) of this section, whereupon the person so given such notice under this subsection may withhold funds to answer such claims and any lien that may be fled therefor, but shall be under no obligation to do so unless a bond is furnished as hereinafter provided. Such notice may only be given for materials, equipment, or services furnished, or labor performed. If such person entitled to file such a claim under this subsection files with the person holding such funds as a fund from which to pay such construction costs, a bond with good and sufficient sureties in a penal sum equal to one and one-quarter times the amount of such claim, undertaking that if the defendant recovers judgment in an action brought on said verified claim or on the lien filed by the claimant, the lien claimant will pay all costs that may be awarded against the owner, contractor, or person holding such funds, or any of them, and all damages that such owner, contractor, or person holding such funds may sustain by reason of the equitable garnishment effected by the claim or by reason of the lien, not exceeding the sum specified in the undertaking, then the person holding such funds must withhold from the borrower or other person to whom said owner may be obligated to make payments or advancements out of said fund sufficient money to answer such claim, and any lien that may be filed therefor. No assignment by the owner or contractor of construction loan funds, whether made before a verified claim is fled, or after such claim is fled shall be held to take priority over claims filed under this subsection (h) and such assignment shall have no binding force insofar as the rights of claimants who file claims hereunder are concerned. This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changqes proper to your transaction. Consult a lawyer if you doubt the form's fitness for your purpose.