Laserfiche WebLink
and CWCB executed in connection with the Loan Contract (the "Security Agreement") or the <br />Amendment No. 1 to Security Agreement, or the Deed of Trust between the Ditch Company and <br />C WCB executed in connection with the Loan Contract (the "Deed of Trust") or the Amendment No. <br />1 to Deed of Trust, or the issuance, execution or delivery of the Promissory Note in the total <br />principal amount of $87.870.00 (the "Note") executed in connection with the Loan Contract <br />(collectively, the Loan Contract, the Security Agreement, the Deed of Trust and the Note will be <br />referred to herein as the "Loan Documents") or the levy and collection of assessments, fees and <br />charges to make the payments due under the Loan Documents; or the use of the proceeds of the loan <br />(the "Loan") made pursuant to the Loan Documents for the purposes provided by the resolution <br />finally passed and adopted by the Board on Apri19, 2008 (the "Resolution"); or affecting in any way <br />the right or authority of the Ditch Company to make the payments required under the Loan <br />Documents, or otherwise to carry out the terms and provisions of the Resolution and the Loan <br />Documents and the covenants and agreements therein and of other proceedings authorizing the <br />execution of or otherwise concerning the Loan Documents. <br />(b) In any manner questioning, contesting or otherwise affecting the <br />authority or proceedings for the execution or delivery of the Loan Documents; or questioning, <br />contesting or otherwise affecting, directly or indirectly, the validity thereof, or of any provisions <br />made or authorized for their payment. <br />6. The Ditch Company has not previously pledged or encumbered the Pledged <br />Property (as defined in the Loan Contract), except as noted in Appendix B or C to the Loan Contract <br />Amendment No. i . <br />?. None of the corporate existence of the Ditch Company, or the rights of the <br />Board and officers to hold their respective positions, is being contested or challenged; and no <br />proceedings or authority for the execution or delivery of the Loan Documents have or has been <br />repealed, rescinded, revoked, modified, changed or altered in any manner. <br />8. To the best of our knowledge, none of the persons named in paragraph 4 <br />above, nor any other officer of the Ditch Company, has any pecuniary or other prohibited interest, <br />direct or indirect, in the profits of any contract or job for work or services to be performed, nor have <br />such persons solicited or received any pay, commission, money or anything of value or derived any <br />benefit, profit or advantage, directly or indirectly, in connection with the Loan Documents or the <br />uses of the proceeds of the Loan as provided in the Resolution; except to the extent that any such <br />Page 2 of 3 <br />