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conflict of interest has been disclosed to the Board, or except to the extent such person has abstained <br />from taking official action thereon. <br />9. The undersigned President and Secretary have duly manually executed and <br />attested, respectively, the Loan Documents, and the seal of the Ditch Company has been impressed <br />on the Loan Documents. <br />10. To the best of our knowledge, the Ditch Company has complied with all the <br />agreements and satisfied all the conditions on its part to be performed or satisfied under the Loan <br />Documents at or prior to the date hereof. <br />11. 1'he authorization, execution and delivery of the Loan Documents by the <br />Ditch Company, the observance and performance by the Ditch Company of its duties, covenants, <br />obligations and agreements thereunder and the consummation of the transactions contemplated <br />therein do not and will not contravene any existing law or result in a breach or violation of any of the <br />terms and provisions of, or constitute a default under, any outstanding instruments relating to the <br />honds, notes or other indebtedness of or relating to the Ditch Company. <br />12. There is no reason within our knowledge why the Ditch Company may not <br />deliver the Loan Documents. <br />13. This certificate is for the benefit of the owner of the Loan Documents. <br />WITNESS our hands and the seal of the South Side Ditch Company, Larimer County, <br />Colorado this 18�' day of April, 2008. <br />Bernhardt <br />Secretary—Jon Stephens <br />(SEAL) <br />Page 3 of 3 <br />