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<br />(such covenants may include, without limitation, covenants not to convey, further <br />encumber or otherwise transfer the property securing such debt, covenants to comply with <br />legal requirements or insurance requirements, covenants to comply with permits, licenses <br />or other authorizations, covenants against liens or encumbrances, covenants to maintain <br />and repair, covenants with respect to alterations and additions, covenants to provide <br />reports or notices, provisions relating to the application of insurance or condemnation <br />proceeds without regard to impairment of the lender's collateral, and covenants relating to <br />the rights or remedies of lessor under a lease which may constitute collateral for a loan), <br />and (vi) relating to the strict enforcement of certain covenants in contracts absent a <br />showing of damage to the other party. In certain cases the rights and remedies under the <br />Amendment with respect to self-help or taking possession of property without notice or <br />judicial proceeding may be qualified by the Constitution and laws of the State of Colorado <br />or the United States of America dealing with the constitutionality and enforceability of the <br />rights and remedies of secured parties, including without limitation holdings of court's <br />dealing with the enforceability of certain statutory or contractual rights or remedies of <br />secured parties to the effect that any prejudgment remedy may be invalid unless taken after <br />a formal hearing at which the debtor may be heard. <br /> <br />D. I express no opinion with respect to the legality, validity, binding nature or enforceability <br />of any provision of the Amendment which provide that the Lender's rights or remedies are <br />not exclusive, that every right or remedy is cumulative and may be exercised in addition to <br />any other right or remedy, that the election of some particular remedy does not preclude <br />recourse to one or more others or that failure to exercise or delay in exercising rights or <br />remedies will not operate as a waiver of any such right or remedy. <br /> <br />E. I express no opinion with respect to the ownership, location, existence or non-existence of <br />any personal property collateral. <br /> <br />F. I express no opinion as to the legality, validity, binding nature or enforceability of any <br />provision in the Amendment that may be deemed to permit the Lender or any other person <br />to sell or otherwise dispose of any personal property collateral except in compliance with <br />the laws of Colorado and other applicable local laws. Without limitation, I express no <br />opinion with respect to any provision to the extent that it authorizes the Lender to purchase <br />collateral at a private sale, if such collateral is neither customarily sold in a recognized <br />market nor the subject of widely or regularly distributed standard price quotations. <br /> <br />G. Except as specifically set forth herein, I express no opinion with respect to the adequacy or <br />accuracy of the descriptions of the legal description of any real or personal property <br />collateral contained in the Amendment or in any document prepared in connection <br />therewith. <br /> <br />H. Except as specifically set forth herein, I express no opinion with respect to the existence <br />of, perfection or priority (and therefore no opinion as to the respective rights of any third <br />party, creditor or encumbrancer, as against the rights of the Lender) of any security interest <br />in the personal property collateral. <br />