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<br /> RCPPN # 99022904 03/17/99 14:13:00 # PAGES - 5 FEE - $26.00
<br /> M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
<br /> "IATE D0"Ut4[,%'1TAj,,,y r'z:
<br /> DEED WITHOUT WARRANTY EXEIWP-[
<br /> UNION PACIFIC LAND RESOURCES CORPORATION, a corporation of the
<br /> State of Nebraska and ROCK SPRINGS ROYALTY COMPANY, a corporation of the
<br /> State of Utah, (collectively, Grantor) for and in consideration of the sum of Ten Dollars
<br /> ($10.00) in hand paid, sells, and conveys to PETE LIEN & SONS, INC., with address of
<br /> P.O. Box 440, Rapid City, South Dakota 57709 (Grantee) the real estate situated in the
<br /> County of Larimer, State of Colorado, described in Exhibit A attached hereto and made
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<br /> a part hereof together with all of its appurtenances.
<br /> EXCEPTING from this grant and RESERVING unto the Grantor, its successors
<br /> and assigns forever, all coal, oil and gas and associated hydrocarbons and rights 9
<br /> thereto, and noble gases, including but not limited to, nitrogen, carbon dioxide and
<br /> helium, together with the sole, exclusive and perpetual right to explore for, remove,
<br /> process, and dispose of said minerals by any means or methods suitable to Grantor, its
<br /> successors and assigns, including the right of access to and use of such parts of said
<br /> described lands, upon or below the surface thereof, as may be necessary or convenient
<br /> for any purpose in connection with exploration for, mining, processing, removal,
<br /> storage, disposition and transportation of said minerals; and together also with the
<br /> perpetual right to remove the subjacent support from the surface of said lands without
<br /> thereby incurring any liability whatsoever for damages so caused, except as hereinafter
<br /> provided. The rights reserved by Grantor in this paragraph shall be exercised utilizing
<br /> reasonable efforts to minimize interference with Grantee's, its successors' and assigns'
<br /> use of the property.
<br /> Grantee specifically acknowledges Grantor's title to the minerals and mineral
<br /> rights herein reserved, and that other than payment for damages mentioned below, no
<br /> other payments will be due.
<br /> It is expressly understood and agreed that should payment become due
<br /> Grantee, its s..jccessors or assigns, as a result of damage to the real estate described
<br /> in Exhibit A in the exercise by Grantor, its successors and assigns, of the rights herein
<br /> reserved, the amount due shall not exceed the value (as determined by the use of the
<br /> real estate described in Exhibit A at the time the damage is sustained) of that portion of
<br /> the real estate described in Exhibit A actually used by the Grantor, its successors and
<br /> assigns. It is also understood that this covenant with respect to payment of damages
<br /> resulting from exercising reserved mineral rights shall be a covenant running with the
<br /> surface ownership of the real estate described in Exhibit A and shall not be separated
<br /> therefrom.
<br /> As special consideration, without which this grant would not be made, it is
<br /> understood and agreed that Grantee, its successors and assigns, will not withhold such
<br /> surface owner's consent as may be requisite prior to Grantor, its successors and
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