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2476574 B-1532 P-447 02/15/96 03:35P PG 2 OF 4
<br /> TOGETHER WITH 7 shares of the capital stock of The Whitney
<br /> Irrigation Company.
<br /> SUBJECT, HOWEVER, to the following:
<br /> 1. 1996 real estate taxes due and payable in 1997, which
<br /> taxes are to be paid by Grantors.
<br /> 2. Rights of way or other easements as granted or reserved
<br /> by instruments of record, a_ --=- - Wv/W �
<br /> 3. Any and all reservations, limitations, conditions and
<br /> exceptions contained in instruments of record which in any way
<br /> relate to or burden the above described premises.
<br /> 4, Irrigated Farm Lease dated February 23, 1993 entered into
<br /> by Wilbert W. Firestien and M. Ruth Firestien as Landlords and
<br /> Gerald Firestien and Mark Firestien as Tenants, covering the above
<br /> described property for the initial term of January 1, 1993 to
<br /> December 31, 1993 and thereafter carried forward verbally on a year
<br /> to year basis and effective for the year 1996, excepting and
<br /> reserving to the Grantors herein the 1996 farm crop to be produced
<br /> on the above described premises, subject to the terms of the
<br /> existing farm lease as hereinabove described.
<br /> S. Excepting and reserving to the Grantors herein the
<br /> existing shark's Tooth domestic water pipeline as now located,
<br /> together with reasonable rights of access thereof by the grantors,
<br /> their agents, heirs, legal representatives, successors and assigns
<br /> for purposes of maintenance, repair and replacement thereof. In
<br /> event the easement and the domestic water pipeline as now
<br /> constructed shall interfere with or obstruct the contemplated sand
<br /> and gravel operations of the grantee herein, the grantee shall have
<br /> the right to relocate the easement and the domestic water pipeline
<br /> to another location suitable and satisfactory to the grantors in
<br /> order for the grantors to receive and obtain said water and water
<br /> service in a quantity and quality equal to or better than its
<br /> present status, with the costs of relocation of the domestic water
<br /> pipeline to be borne solely by the grantees herein.
<br /> 6. Reservation of right of proprietor of any penetrating vein
<br /> or lode to extract his ore, as contained in U.S. Patent recorded
<br /> December 2, 1886 in Book 34 at page 307 of the Weld County records,
<br /> 7. Right of way, whether in fee or easement only, for
<br /> railroad, as granted to The Greeley, Salt Lake and Pacific Railroad
<br /> Company by instrument recorded December 10, 1881 in Book 31 at page
<br /> 473 of the Weld County records.
<br /> S. Right of way, whether in fee or easement only, for the
<br /> extension of The Whitney Ditch as granted to The Whitney Irrigation
<br /> Ditch Company by instrument recorded March 18, 1911 in Book 359 at
<br /> page 191 of the Weld County records.
<br /> 9. Liquor restrictions, which contain a forfeiture or
<br /> reverter clause, which provide that intoxicating liquors shall
<br /> never be manufactured, sold or otherwise disposed of, as a
<br /> .beverage, in any place of public resort in or upon the premises,
<br /> or any part thereof, as disclosed in instruments recorded June 9,
<br /> 1871 in Book 4 at page 228 and March 6, 1872 in Book 4 at page 447
<br /> of the Weld County records.
<br /> 10. Right of way for railroad, 200 feet in width, as reserved
<br /> by The Denver Pacific Railway and Telegraph Company in deed
<br /> recorded April 29, 1870 in Book 1 at page 549 of the Weld County
<br /> records.
<br /> 11. Reservation of right of proprietor of any penetrating
<br /> vein or lode to extract his ore, as contained in U.S. Patents
<br /> recorded August 28, 1875 in Book 20 at page 23 and January 14, 1876
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