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05/13/11 Viscomi/Amendment to Latecomer's AgreementVISCOMI & GERSH9 P-wiy-D ATTORNEYS AT L.Aw MICHAEE A. VISCOMIA 121 WISCONSIN AVENUE TELEPHONE (406) 862-7800 JUDAH M. GERSHo WHITEFISH, MONTANA 59937 FACSIMILE (406) 862-7820 ABOARI)CERT' PIED CIVIL TRIAL ADVOCATE AALso ADMITTED IN FLORIDA wALso ADMITTED IN COLORAM May 13, 2011 Theresa White City Clerk P. 0. Box 1997 Kalispell, MT 59903 Re: Owl Corporation adv. City of Kalispell, et al. Cause No.: DV-09-1249(B) Dear Ms. White: WEB: www.BIGSKYATTORNEYS.COM EMAIL: MAIL@BIGSKYATTORNEYS.COM In response to your letter to me dated May 5, 2011, enclosed please find the Amendment to Latecomers Agreement ("Amendment") which you sent to me. You will note that this Amendment has now been signed by my client, Owl Corporation, and the dates were changed to reflect the date it was signed since Owl Corporation signed it last. Please do not file this Amendment until you do the following three things: First, make sure that the Amendment to Latecomers Agreement which my client previously signed and I forward to attorney Charles Harball on March 21, 2011 was not previously recorded. I understand that document may have been lost. However, I don't want confusion in the public record by having two identical Amendments filed. Second, please affix your notary stamp to the enclosed Amendment since I see you did not do so when you notarized it on March 5, 2011. Lastly, please make sure that a copy of the original recorded Latecomers Agreement is attached to this Amendment, as indicated in the last paragraph of this Amendment. If you have any questions regarding my requests in this letter, please contact me. Sincerely, VI�SCPMI & GERSH, PLLP 'f 0 -ic-h—a-e-I Vi �sc i, Esq. Enc: Amendment cc: Charles Harball (w/ enc.) Owl Corporation (w/o enc.)