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<br />. <br /> <br />. <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />October 15, 1997 <br /> <br />4. There are no provisions in the articles of incorporation <br />or by-laws of the Smith Irrigation Ditch or in any state or local <br />law that prevent the Loan Contract from binding the Smith <br />Irrigation Ditch. Article VI, Sections 2 and 3 of the company <br />by-laws expressly authorize borrowing and repayment as <br />represented by the Loan Contract and related loan documents. <br /> <br />5. The Loan Contract and related loan documents will be <br />binding against the Smith Irrigation Ditch if entered into by the <br />State of Colorado according to its terms. <br /> <br /> <br />RUSSELL GEORGE <br />Attorney for Smith Irrigation Ditch <br />