CT2015-164 Amend1 Attorney Opinion Letter

Home Browse Search

Colorado Water Conservation Board The Department of Natural Resources August 12, 2015 Page 2 2. Documents Reviewed. In the capacity described above, we have reviewed executed copies of the following documents: (a) Loan Contract by and among Lender and Original Borrowers dated as of March 5, 2012 ("Loan Contract"); (b) Promissory Note dated as of March 5, 2012 executed by Original Borrowers and payable to Lender in the principal amount of$1,184,882.00 ("Note"); (c) Security Agreement dated as of March 5, 2012 executed by TRW&FC for the benefit of Lender ("Security Agreement") securing pledged revenues; (d) Deed of Trust dated as of March 5, 2012 granted by TRWC to the Public Trustee of Pueblo County for the benefit of Lender, encumbering the Property and securing the Loan ("Deed of Trust"); (e) Contract Amendment dated as of August 12, 2015 executed by Borrowers for the benefit of Lender ("Amendment to Loan Contract"); (f) Deed of Trust dated as of August 12, 2015 granted by TRW&FC to the Public Trustee of Pueblo County for the benefit of Lender, encumbering a portion of the Property and securing the Loan ("New Deed of Trust"); (g) Resolution of the Board of Directors of TRW&FC (the " TRW&FC Resolutions") dated as of May 1, 2015; (h) Certificate of Good Standing for TRW&FC issued by the Colorado Secretary of State on August 13, 2015 ("TRW&FC Good Standing Certificate"); (i) Officers Certificate for TRW&FC dated August 3, 2015, certifying certain factual matters upon which Hoffman Crews Nies Waggener & Foster LLP may rely upon in giving the legal opinions described below ("TRW&FC's Certificate"); (j) Resolution of the Board of Directors of TRF F-2 (the " TRF F-2 Resolutions") dated as May 6, 2015; (k) Certificate of Good Standing for TRF F-2 issued by the Colorado Secretary of State on August 13, 2015 ("TRF F-2 Good Standing Certificate"); and (1) Officers Certificate for TRF F-2 dated August 4, 2015, certifying certain factual matters upon which Hoffman Crews Nies Waggener & Foster LLP may rely upon in giving the legal opinions described below ("TRF F-2's Certificate").