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Colorado Water Conservation Board <br /> October 23, 2018 <br /> Page 12 <br /> 1. The Amendment has been duly executed by officers of the Trinchera Irrigation <br /> Company who are duly elected or appointed and are authorized to execute the Amendment and <br /> to bind the Trinchera Irrigation Company. <br /> 2. The Resolutions of Trinchera Irrigation Company authorizing the execution and <br /> delivery of Amendment were duly adopted by the Trinchera Irrigation Company Board of <br /> Directors. <br /> 3. There are no provisions in the Trinchera Irrigation Company's Articles of <br /> Incorporation or Bylaws or any State or local law that prevent the Amendment from binding the <br /> Trinchera Irrigation Company. <br /> 4. To the best of my knowledge, after reasonable investigation, the Amendment will <br /> be valid and binding against the Trinchera Irrigation Company if entered into by the Colorado <br /> Water Conservation Board, except to the extent enforcement thereof is limited by applicable <br /> bankruptcy, reorganization, insolvency, moratorium or similar laws affecting the enforcement of <br /> creditor's rights generally and general equitable principles which may limit the right to obtain <br /> equitable remedies such as specific performance or other injunction relief. <br /> Whenever a statement or opinion herein is qualified by the phrase "to my knowledge" or <br /> "to the best of my knowledge", it is intended to indicate that, during the course of my <br /> representation of Trinchera, no information that would give me current actual knowledge of the <br /> inaccuracy of such statement has come to the attention of those attorneys in this firm who have <br /> rendered legal services in connection with my representation of Trinchera. Furthermore, I have <br /> not undertaken any independent investigation to determine the accuracy of any such statement, <br /> and any limited inquiry undertaken by us during the preparation of this letter should not be <br /> regarded as such an investigation. No inference as to my knowledge of any matters bearing on <br /> the accuracy of any such statement can or should be drawn from the fact of my representation of <br /> Trinchera. <br /> Please recognize that while I serve as attorney for Trinchera, I do not, as part of my <br /> engagement, review the files of Trinchera on a regular or periodic basis, and that the primary <br /> source of information regarding Trinchera comes directly from communications with its officers. <br />