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<br />-. . - . -, "'" <br /> <br />LL.IIV L.IHIVI\ I fl ()( I\Mllr <br /> <br />NV, I 'L <br /> <br />r. 0 <br /> <br />LEAVENWORTH & KARP, P.C. <br /> <br />Coloma Water Conservation Board <br />Department of Natural Resources <br />Page 5 <br />November 2,2002 <br /> <br />render no opinion as to the applicability or effect offederal or state tax laws; and <br /> <br />11, We express no opinion about the right of any party to take possession of or to collect <br />the rents from the Property without having a receiver appointed by the appropriate <br />court in accordance with Colorado law; and <br /> <br />12. We express no opinion as to the survival of obligations contained in any of the Lo311. <br />Documents after foreclosure under power of sale provisions contained in any of the <br />Loan Documents without proper confinnation of sale; and <br /> <br />13. We express no opinion as to a party's ability to enforce any indemnification <br />obligations in the Loan Documents to the extent the injury or damage is caused or <br />results from the sole or concurrent negligence of such party, its agents or employees, <br />or to the e1ctent such indemnification may be limited by considerations of public <br />policy; and <br /> <br />14. We express no opinion with respect to the enforceability or effect of contractual <br />provisions: (i) broadly waiving rights (including, without limitation, common law, <br />statutory or constitutional rights) or unknown:future rights; (ii) waiving, releasing, <br />or imposing liability n01:9rithstanding defenses or claims when such is <br />unconscionable or against public policy; (iii) waiving, releasing, or imposing liability <br />notwithstanding rights conferred by statute or other law; (iv) purporting to fix <br />evidentiary standards or waiving or modifying court rules or statutes regarding <br />litigation (including but not limited to service of process); (v) allowing apartyto take <br />action as attorney-in-fact or otherwise on behalf of another party; (vi) allowing extra- <br />judicial setoff or setoff in circumstances not allowed by law; (vii) allOwing <br />acceleration without notice; (viii) stating that the determination of a party shall be <br />final, binding or conclusive orthata party's obligation or agreementis absolute; (ix) <br />purporting to make available self-help remedies; (x) providing for mathematical <br />calculations; (xi) providing for conflicting terms; or pertaining to jurisdiction, venue <br />or choice oflaw; and <br /> <br />15. We are licensed to practice law only in the State of Colorado and the opUlion of the <br />undersigned is limited to the laws of the State of Colorado and the federal law of the <br />United States of Anlerica. We express no opinion on the law of any other <br />jurisdiction. None of our opinions pertain to any law, ordinance, or rule of any <br />county, town, city or other local government agency or unit; and <br /> <br />l;~m'C\\Ws'l31~\Oplnioul<....z.wpd <br />