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<br />ARTICLE IX <br /> <br />CERTIFICATES FOR SHARES AND THEIR TRANSFER <br /> <br />9.1 REGULATION The Be d f . <br />and regulations as itma deear 0 D~:ectors may make such rules <br />transfer and registratIon ~fapproi:~~teconcerning the issuance <br />Corporation. cer ~ ~cates for shares of th~ <br /> <br />9.2 CERTIFICATES FOR SHARES h <br />shall contain a margin opposite t T ehbook ~f.stock certificates <br />be noted the number of the cert.~.ea~ cert~f~cate on which shall <br />shares. and the name of the ers~ ~ca e. ";he date. the number of <br />the certificate issued. p on to whom ~ssued. corresponding to <br />. Certificates representin h <br />respectively numbered seriall~ b: ~~e~ of ~he Corporation shall be <br />shares. or series thereof a thg n~ng.w~th 100 for each class of <br />with the corporate seal or'a ~acs7y.~rethssued. shall be impressed <br />by ~he' President or a Vice presi~~ ~ .~re~f. and shall be signed <br />Ass~stant secretary. en an y the Secretary or an. <br /> <br />Each certificate shall stat th <br />fact that the Co oration' e 7 name?f the Corporation. the <br />~aws of thesta~ of col~~ad~rg~~~Zed or ~ncorporated under the <br />~ssued. the date of issue th e 1 name of the person to whom <br />represented thereby and a st~teme~tC ~~St th~ ~umber of shares <br />par .~lue: A statement of t a ~uc ~ ares are without <br />~all.f~cat~ons. limitations. restr~~t' des~g~at~on~. preferences. <br />r~ghts.of the shares of each class s~o~~ ~n spec~al 0: relative <br />summar~zed and attached to the ce . . a e se"; forth III full or <br />shall issue. Each certificate sh~tf~cat~~ w~~ch.the Corporation <br />may be prescribed by the B d f . e 0 erw~se ~n such form as <br />the rules for ditch compani:~ i~ t~~r~~t~rs ;nd as shall conform to <br />.T~e Corporation shall collect a~ e? Colorado <br />cert~f~cates issued prior to May 14 19~1 ~ss~ed and. outstanding <br />thereof.ne~ certificates representing the' an s~all ~ssue in lieu <br />the ex~st~ng certificate so delivered t s~he s ares of stock as <br />shareholder shall prior to A'l 0 e Corporat~on. Each <br />Corporation's secretary each cert~~~ 1. 1992. deliver to the <br />When the.certificate or certifica~e~ca~e ~ed by such ,shareholder. <br />Corporat~on secretary the C a~e en so del~vered to the <br />certificate in the id~tical n~rporat~on shall issue a new <br />forthwith cancel the former cert.e: and cla~s of shares and shall <br />completed by May 1 1992 S ~f~cate hav~ng these transactions <br />existing certificat~s to 'th h~reholde:s who have not delivered <br />1992. shall be deemed the ~wne~rporat~on secretary by April 1. <br />CERTIFICATES as set forth' s of LOST. STOLEN OR DESTROYED <br />required to replace such ce~ifl~~~~a~~ 9.5.J:lelow and shall be <br />lost. 'stolen or destroyed certificates. prov~ded hereinbelow for <br /> <br /> <br />than ~e:n~~~~:tt~~)s~~~e~~t issue certificates representing less <br /> <br /> <br />9.3. WATER RIGHTS AND CARRYI" <br />shal~ r7pre:;ent a proportionate :o~~H.~S. Each share of stock <br />any ~rr~gat~on season as that sh f..f the water ava~lable for <br />. . are 0 stock bears to the total <br />.. <br /> <br />-11- <br /> <br />fY\e<jol <br />":::J <br /> <br />number of outstanding shares of stock and in addition thereto will <br />represent a carrying right for said water. <br />Ditch Number Eighty~seven (87) priority Number Ninety-eight <br />(98) dated ~~ [one M..~.j'0ot per second] equals <br />fifty (oSIH _bQ....ooSl. <br />Ditch Number Eighty-seven (87) Priority Number One hundred <br />thirty-five (135) date~~<9>':'"""'I,'6~ [nine 4-9J-~",,E,eet per <br />second] equals four hundred and fifty (-t&~r-sA~~. <br />Ditch Number Eighty-seven (87) Priority Number One hundred <br />seventy-one (171) dated .~ leas [sixteen i~"cub-i-c,.Lee:t. per <br />second] equals eight hundred~o.)~ <br /> <br />9.4 CANCELLATION OF CERTIFICATES. All certificates <br />surrendered to the Corporation for transfer shall be cancelled and <br />no new certificates shall be issued in lieu thereof until the <br />former certificate for a like number of shares shall have been <br />surrendered and cancelled. except as herein provided with respect <br />to lost. stolen or destroyed certificates. <br /> <br />9.5 LOST. STOLEN OR DESTROYED CERTIFICATES. Any owner of <br />shares. as shown by the records said corporation organized and <br />existing under the laws of the state of Colorado. entitling. the <br />Shareholder to the services of this ditch or to the use of water <br />subject to the payment of assessments. or the legal representative <br />or assignee ~f any such Shareholder. whose stock certificate has <br />been lost, mislaid. or destroyed. may have a duplicate certificate <br />issued in accordance with 9.6 through 9.9. <br /> <br />9.6 STATEMENT OF LOSS. If more than three years have elapsed <br />since such Shareholder. legal representative. or assignee has <br />notified the corporation that such certificate has been lost. <br />mislaid. or destroyed. and such Shareholder. legal representative <br />or assignee has paid all assessments levied by said corporation <br />against such stock since such notification. ~the Shareholder or his <br />~egal representative or assignee may file with the Secretary of <br />said corporation a statement 'under oath that the certificate of <br />stock has been lost. mislaid. or destroyed and that the certificate <br />is the property of the person making such statement and. has not <br />been transferred or hypothecated by him. and demand the issuance of <br />a.duplicate certificate in accordance with 9.6 through 9.9 <br /> <br />9.7 PUBLICATION OF NOTICE OF DEMAND. Upon receipt of such <br />demand. the corporation shall publish. at the expense of the person <br />making such demand. at least once a week for five successive weeks. <br />the fifth publication being on the twenty-eighth day after the <br />first publication. in a newspaper of general circulation in the <br />county in which the principal office of the Corporation is located <br />or. if there is no newspaper in such county. then in such a <br />newspaper of an adjoining county. a notice that such a demand has <br />been filed with the corporation in accordance with the terms of cas <br />sections 7-42-114 to 7-42-117 setting forth such demand in full and <br />stating that said corporation will issue. on or after a date <br />therein stated. following the last publication of said notice by at <br />"least thirty days. a duplicate certificate to the registered owner <br />or his legal representative or assignee unless a contrary claim is <br /> <br />-12- <br />