Free Response - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM
Assignor.
The WYNN Groul1
7514 Diplomat Drive

Document 38-4
Assignee:

Filed 09/16/2004

Page 1 of 1

Suite 101 M3n.assas. VA 20 109

u. S. rlDJmJal Corporation 1951 Kidwell Drive Suite 205

Vienna, VA 22182

ofwbich is hereby aclo1ow1edged, the undersigned The WINN Group, Inc. FOR VALUABLE CONSIDERATION, the receipt Corporation and its (hereinafter referred to as " Assignor ) hereby assigJlS, transfers and setS over unto U. S. Financial , all moneys due and to If Assignee ) at 1951 Kidwell Drive. Suite 205 , Vienna. VA 22182 and assigns (herein refemd to as become ch1.e under Contmct No. F49642-97-COO30 for " Replace electrical Distribution SyStem and Main Substation. Facility 18" Force under date of September 29, 1997 and any revisions, modifications Air executed by Assignor and United States Contract"
amendments, options, claims and ~'tCIlSions thereto (hereinafter referred to as the "

~ors

ASSIGNOR HEREBY AlITHORIZES AND DIRECTS Uroted States Air Force, agents and officers to make all payments due or that may be l1ereafter due or owing onder the Contxact to the Assignee by checks or other orders, payable to the order ofof iJTevocably, with full power the A5si~. Assignor hereby constitutes and appoints Assignee its true and)awful attorney, , demand and receive and give substitution for it and in its name or in the name of the Assignor or otherwise, to ask, require , and to endorse the name of the Assignor to any checks. drafts, or acquittance for any and all said moneys due or to become due other orders for the payment of money payable to the Assignor. any and all amendmentS ASSIGNOR HEREBY WARRANTS that it is the lawful ownerofaU rights under the ConttaCt and clear of all liens and ~esame; that its rights are free and thereof and supplements thereto; that it has good right to assign persons. Assignor agrees encumbrances; and that it will warrant and defend the same against the lawful claims an.d demands of all trUSt for Assignee and will (a) tha~ if any payments under the oontract shall be made to Assignor, it will receive rccx:ived the Assignor, and (b) that it will and hold by same forthwith upon receipt deliver the same to Assignee in the identical form of payment rtaSOnably request or as execute and deliver all such further instruments and do aU such further acts and things as Assignee may shall be necessary or desirable to further and more perfectly assure to Assignee its rights under the ContIact.
ASSIGNEE SHALL NOT 1-lA VE OR BE UNDER any dUty by Assignor under the Contract.
whatSOever to perfonn or carry oUt any of the oblig;.rtions undertaken

MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:

Amendments. This Assignment constitutes the entire W\de~$~g and agreement of the parties as to the matters set Assignment shall be effective unless given in writing and forth in this Assignment. No alteration of or amendmeptJo~
signed by the partY or parties sought to be charged or bound by the alteration or amendment.

Applicable Law. This Assignment has been delivered (0 Lender and accepted by Lender in the Commonwealth Fairfax of the courts of of Virginia. If thac is a lawsuit . Assignor agJeeS upon Lender's request to submit to the jurisdiction LT\ accordance with the County, the Commonwealth of Virginia. This Assignment shall be governed by the consttued laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, ASSIGNOR HAS EXECUTEDTIIIS ASSIGNMENT IN
DUPLICATE THIS 8th of Febr.:ary. 1?99.

d-/~'~~

(Seal)

Date CORPORATE ACKNOWLEDGMENT
STATE OF

~ ~ 0-' 1

COUNTY OF

before me , the Wtdersigned Notary Public, personally , and known to mc to be an authorized agent of the corporation thal appeared Marlon Phimps , President of The WI Group, Inc. aclcnowle4ged the Assignment to be the free and volunta~ act and deed of the
On this

day of

19~,

executed the Assignment of Contract Proceeds an

corporation. by aulhority of its Bylaws or by resolution of its board of directors. for the uses and purposes therein memioI:oo, and on beI1aIf of tho this Assigomen and in W:l....,.1td ohc As :"" Iha

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Notary _lie

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and fin"

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EXHIBIT

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