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<br />iv-.-..----~€ller-has.eIlteI'ed-into-stipulations-acceptable-to-P-Ul"Chaser, <br />with all of the objectors in the Change Application <br />stipulating to the dismissal of the Change Application, or <br />the District Court, Water Division 2 has issued an order <br />dismissing Case No. 82CW130 without prejudice and <br />, <br />without conditions or with conditions acceptable to <br />Purchaser. <br /> <br />v. At the time of closing, title to the Water Rights shall be <br />-. good and marketable in the Seller, unless Purchaser has <br />waived the title defects as provided in Section 1.2 above. <br /> <br />VI. The Purchase Price does not exceed the value of the Water <br />Assets assessed under an appraisal to be conducted as part <br />of Purchaser's loan application submitted to the Colorado <br />Water Conservation Board. <br /> <br />VB. Purchaser has obtained sufficient funding from the <br />Colorado Water Conservation Board to cover the Purchase <br />Price. <br /> <br />Vlll. The Dry-Up Land, as may be shifted pursuant to Section <br />1.4 of this Agreement prior to closing, must be acceptable <br />to Purchaser as of closing. <br /> <br />b. In the event that any of the foregoing conditions shall not be met to <br />Purchaser's sole satisfaction, Purchaser may, at its sole discretion, <br />waive the condition(s) not met, agree to modify the condition(s), or <br />decline waiver or modification of the condition(s), in which case <br />Purchaser shall be entitled to the remedies provided in Section 4, <br />below. Any waiver or modification of the condition(s) shall be <br />specified by Purchaser in writing. In the event of a default by <br />Seller, Purchaser shall be entitled to such remedies as are set forth <br />in Section 4, below. <br /> <br />I .10 Seller's Consent and Assistance in Obtaining Documents. Seller hereby <br />consents to and shall assist Purchaser in obtaining information relating to mortgages, deeds of <br />trust, encumbrances, liens, taxes, or adverse claims on the Water Assets, and Seller shall <br />authorize any holder of such mortgages, deeds of trust, encumbrances, liens or adverse claims to <br />release such information to Purchaser. <br /> <br />I .11 The Easement and Construction of Augmentation Station. As of the <br />Effective Date of this Agreement Purchaser does not know whether it may be required by the <br />Water Court for Water Division No.2 or the Division Engineer for Water Division No.2 to <br />physically divert the Water Rights into the Keesee Ditch for delivery to the Arkansas River <br /> <br />Page 10 of 29 <br />