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1 <br />1 <br />1 <br />1 <br />1 <br />3. all existing non - tributary and not non - tributary wells and well permits (and the <br />water rights associated therewith), appurtenant to the Property, with the right to <br />freely assign or convey such wells, permits, and rights so long as such <br />assignment/conveyance does not include the right to locate any structures or <br />facilities on the Property; <br />4. the following water rights: 36 shares of the Fulton Mutual Ditch Company, and 6 <br />shares of the Kershaw Mutual Ditch Company; <br />5. a perpetual, exclusive easement in, over, across, on, and under the Property for the <br />purpose of creating and /or using any space in, over, across, on, and under the <br />Property for the storage of water, and any and all water storage rights and rights to <br />store water associated therewith without interference from the fee owner of the <br />Property (the "Water Storage Easement"); and <br />6. the right to construct lined embankments above the slurry lining of the Cells for <br />the purpose of increasing the space in, over, across, on, and under the Property for <br />the storage of water. <br />all of said reservations to include the right to occupy and use the Property as is reasonably <br />necessary to exercise the full enjoyment thereof, <br />' TO HAVE-AND TO HOLD the* said premises above bargained and described with the <br />appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors <br />and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER <br />' DEFEND the above - bargained premises in the quiet and peaceable possession of Grantee, its <br />successors and assigns, against all and every person or persons claiming the whole or any part <br />thereof; subject to those matters set forth in Exhibit E attached hereto and incorporated herein. <br />IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. <br />1 <br />1 <br />1 <br />1 <br />v%dimrlMaoe WW (Wmdam a wmp+r) <br />jofA <br />Brannan Sand and Gravel Company, L.L.C., <br />a Colorado limited liability company <br />(f/k/a BS &G Acquisition Limited Liability <br />Company, a Colorado limited liability <br />company) ., <br />By <br />Title <br />2 <br />