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RE" $6.00 COC $13.44 01/03/2005 #2005-540679 <br />K.T CARSON COUNTY, CO o 02:25:OCP"'. 1 OF 1 <br />DELLA "' CAL400N, COUNTY CLERK & RECORDER <br />WARRANTY DEED <br />January <br />THIS DEED, Made this 3rd day of Deeembee, 2005, between, LYLE SMITHBURG, Grantor(s) and <br />NICHOLAS B. SMITHBURG, whose legal address is P.O. Box 414, Flagler, Colorado 80815, Grantee(s): <br />WITNESS, that the Grantor(s), for and in consideration of the sum of $10.00 and other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and <br />by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the <br />real property together with improvements, if any, situate, lying and being in the County of Kit Carson and State of <br />Colorado, to -wit: <br />The South One -ball (Sl/2) of Section Ten (10), Township Ten (10) South, <br />Range Fifty-one (51) West of the 0 P.M., Kit Carson County, Colorado. <br />Together with the improvements, and together with all minerals and mineral rights now in the <br />possession of the grantor and together with all water and water rights used and appurtenant thereto, <br />including but not limited to, water and water rights under ground water permits, if any, issued by the <br />Colorado Ground Water Commission through the State Engineer's office. <br />TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise <br />appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, <br />right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above <br />bargained premises, with the hereditaments and appurtenances. <br />TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the <br />Grantee(s), his heirs and assigns forever. And the Grantor(s), himself, his heirs and personal representatives do covenant, <br />grant, bargain and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of <br />these presents is hereby well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible <br />estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and <br />convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, <br />bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever ]rind or nature soever, except taxes for <br />the year 2005 and thereafter, roads dedicated to and used by the general public, special taxing districts, utility lines in <br />place, easements, restrictions and reservations of record. <br />The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet <br />and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming <br />the whole or any part thereof. <br />IN WITNESS WHEREOF the Grantor(s) have/has executed this Deed on the date set forth above. <br />STATE DOCUMENTARY FEE <br />Date—62Z 3 -/J yl mit s rg <br />STATE OF COLORADO ) <br />) SS. _ <br />COUNTY OF HIT CARSON <br />rd J <br />The foregoing instrument was acknowledged before me this 3 day of <br />2005, by Lyle Smithburg. <br />My commission expires: 3 '6— ;ZOc) . Witness my hand and official seal. <br />(SEAL) <br />r notary public <br />NGTARY <br />ry)�2C� <br />