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<br />~ <br /> <br />183818 11/12/1999 02:04P B: 368 P: 49 <br />Debbie Livengood-Custer County Clerk Colorado <br /> <br />18. This instrument sets forth the entire agreement of the parties with respect to this <br />Easement and supersedes all prior discussions, negotiations, understandings, or agreements <br />relating to this Easement, all of which are merged herein. <br /> <br />19. The obligations imposed by this Easement upon DeWeese and CDOW shall be joint and <br />several. <br /> <br />20, This instrument creates no enforcement or other rights in persons or entities not parties to <br />this Easement. <br /> <br />21. Any notice, demand, request, consent, approval, payment, or communication that either <br />party desires or is required to give under this Easement shall be in writing and either served <br />personally or sent by first class mail, postage prepaid, addressed as follows or to such other <br />address as either party from time to time shall designate by written notice to the other. <br /> <br />If to CDOW <br />Division of Wildlife <br />Real Estate Unit <br />6060 Broadway <br />Denver, CO 80216 <br /> <br />If to DeWeese <br />DeWeese Dye Ditch and Reservoir Co. <br />1411 Walnut Street <br />Canon City, Colorado 81212 <br /> <br />TO HAVE AND TO HOLD the said perpetual easement for a minimum pool above <br />bargained and described with the appurtenances, unto the CDOW, its successors and assigns <br />forever. And DeWeese, for itself, its heirs and personal representatives, does covenant, grant, <br />bargain, and agree to and with the CDOW, its successors and assigns, that itis well seized of the <br />premises above conveyed, has good, sure, perfect, absolute and indefeasible estate in fee simple, <br />and has good right, full power and authority to grant, bargain, selland convey the same in <br />manner and form as aforesaid, and that the same are free and clear from all former and other <br />grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind <br />or nature soever. <br /> <br />DeWeese shall and will WARRANT AND FOREVER DEFEND the above-bargained <br />perpetual easement for a minimum pool in the quiet and peaceable possession of CDOW, its <br />successors and assigns, against all and every person or persons lawfully claiming or to claim the <br />whole or any part thereof. <br /> <br />6 <br />