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<br /> ( 9t j) <br /> EXHIBIT E <br /> AFFIDAVIT WITH RESPECf TO CORPORATE ASSETS AND LIABILITIES <br /> Before me, the undersigned authority, on this day personally appeared Ruth Ann Hocll, who, being by <br /> me first dilly sworn, upon oath deposed and said: <br /> ~i That I am the President and chief executive, operating and administrative officer and majority <br /> 1. <br /> shareholder of Elim Water Company, Inc. (the "Corporation"), a Texas Corporation, and have personal <br /> knowledge of all of the facts and representations contained in this affidavit. <br /> 2. That Attachment A attached hereto and incorporated herein by reference as if set forth herein <br /> presents fairly, with no material exceptions, all assets owned by and liabilities of the Corporation (without regard <br /> of depreciation) as of February 11, 1997. <br /> 3. That Attachment B attached hereto and incorporated herein by reference as if set forth herein <br /> is a true, full, correct and complete listing of (i) all litigation, administrative and regulatory actions pending in <br /> any local, state or federal court or before any local, state or federal administrative or regulatory agency or body <br /> to which the Corporation is a party, (ii) all such litigation and actions threatened to be undertaken against the <br /> Corporation of which the undersigned has knowledge, and (iii) all unasserted claims to pay money or provide <br /> property or service existing against the Corporation of which the undersigned has kn6wledge. <br /> 4. That this affidavit is executed by the undersigned and delivered to the City of San Marcos, Texas <br /> (the "City"), in connection with the acquisition by the City trom the undersigned and other shareholders of the <br /> Corporation of all of the capital stock of the Corporation, and will be relied upon by the City in its determinations <br /> of the financial and legal advisability of acquiring such stock and expending funds of the City for such purpose. <br /> ,-- Qd/L ~d/¡a/¡ <br /> . \ Ruth Ann Hoch <br /> ! <br /> SWORN TO AND SUBSCRIBED before me, this the 11th day of February, 1997. <br /> Notary Stamp <br /> ~~/~~é' <br /> . <;:;;;.;¡;;..... <br /> . /..~:,,\. RICHARD L. HOWELL Nôtary Public, State of Texas <br /> i-¡ ¡-J NotaryPUbli~,~tateofïexas <br /> \~}....Y..~/ My CommIssion Expires <br /> ("""o"':~'" JULY? 1998 <br /> ""~---" , <br />