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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: 10660 2 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 10660 3