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<br /> <br />have, in addition to the foregoing, the election of the right <br />to trent the purchase contract as in effect with respect to such <br />proportional interest only, upon payment of a proportionately <br />reduced purchase priceo The State shall notify the Conservancy <br />of such election within ten days follmdng said final entry of <br />j udgmen t. <br />4. It is understood that said Alma L. Scohy will maintain <br />possession and use of the water until final closing; provided, <br />it also is understood she has covenanted to use diligent efforts <br />to maintain the beneficial use of the same pending final closing. <br />5. All weirs, flumes and headgates shall be deemed appur- <br />tenant to the water right and shall pass to the State upon closing. <br />All ditches, easements and rights of way are understood to remain <br />the property of the Conservancy's Grantoro <br />6. The State agrees to pay all recording fees and revenue <br />or transfer taxeso <br />70 The te~ms and conditions of this agreement shall inure <br />to and bind the heirs, successors, assigns and representatives <br />of the parties hereto, but shall not be assignable by the State <br />without the consent of the Conservancyo <br />8. Closing will be held within thirty days following entry <br />of a favorable final judgment in the later of the two cases <br />hereinabove referred to in Paragraphs 2 and 3 to be concluded, <br />or thirty days after all adverse appeals for both shall have been <br />waived or exhaustedo <br />9. Subject to payment or tender as provided in Paragraph <br />1 hereof, and compliance with the other terms and conditions here- <br />.under by the parties, the Conservancy shall execute and deliver <br />a good and sufficient Warranty Deed to the State at closing, <br />free and clear of any taxes or liens except current taxes if any <br />which shall be pro-rated to date of closing, except only <br />the inclusion of the following restriction and reverter: <br /> <br />- 4 - <br />