07-31-2003 EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (''ECR'') ESTOPPEL CERTIFICATEEASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND
("ECR") ESTOPPEL CERTIFICATE
2003
State Farm Life Insurance Company
One State Farm Plaza
Bloomington, Illinois 61710-0001
Attn: Robert B. O'Dell
Re: Easements with Covenants and Restrictions Affecting Land by and
between Wal-Mart Real Estate Business Trust, a Delaware statutory trust
("Wal-Mart"), Home Depot U.S.A., Inc., a Delaware corporation ("Home
Depot"), and Traer Creek LLC, a Colorado limited liability company
("Traer Creek"), recorded May 8, 2002 at Reception No. 795009 in the
Eagle County, Colorado real property records, as amended by that certain
Amendment to Easements with Covenants and Conditions Affecting Land
by and between Wal-Mart, Home Depot and Traer Creek recorded July 7,
2003 at Reception No. 839304 of the Eagle County, Colorado real
property records (collectively referred to hereinafter as the "ECR").
To the best of their respective actual knowledge as of the date hereof, each Owner
of a Lot, as those terms are defined in the ECR, certifies to State Farm Life Insurance
Company and the other Owners of a Lot as follows:
The ECR is in full force and effect and there are no known existing
defaults by any of the parties to the Agreement.
2. Each of the parties to the ECR have fully performed all of their respective
obligations under the ECR as of the date of this Estoppel Certificate and
there is no known fact or circumstance existing which with the giving of
notice or the passage of time, or both, would constitute a default under the
ECR.
This Easements with Covenants and Restrictions Affecting Land ("ECR")
Estoppel Certificate may be executed in any number of counterparts, each of which shall
be deemed to be an original, all of which taken together shall be deemed to be one and
the same document. This Easements with Covenants and Restrictions Affecting Land
("ECR") Estoppel Certificate may be executed by facsimile signatures and all such
facsimile signatures shall be deemed to be original signatures.
10660
Executed as of the date first written above.
OWNERS OF LOTS:
TRAER CREEK-HD LLC, a Colorado limited
liability company
By: Traer Creek LLC, a Colorado limited
liability company, its Manager
By:
Magnus Lindholm, Manager
TRAER CREEK-WMT LLC, a Colorado limited
liability company
By: Traer Creek LLC, a Colorado limited
liability company, its Manager
By:
Magnus Lindholm, Manager
TRAER CREEK-RP LLC, a Colorado limited
liability company
By: Traer Creek LLC, a Colorado limited
liability company, its Manager
By:
Magnus Lindholm, Manager
TRAER CREEK METROPOLITAN
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By:_
Name:
Title:
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HOME DEPOT U.S.A., INC., a Delaware
corporation
By:
Name:
Title:
WAL-MART REAL ESTATE BUSINESS
TRUST, a Delaware statutory trust
By:
Name:
Title:
TOWN OF AVON, a municipal corporation of the
State of Colorado
By:
Name: Z-114
Title: -T-n f,oA11Af,46/dG-EA
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