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When recorded return to: r/yl 2,0V—1,0(D 7
<br /> Peggy Gilbert RECEIVED
<br /> Marathon Oil Company
<br /> 5555 San Felipe
<br /> Room 1453 FEB 2 8 ZG18
<br /> Houston,TX 77056
<br /> DIVISION OF RECLAMATION
<br /> SPECIAL WARRANTY DEED MINING AND SAFETY
<br /> THIS DEED,made this 17'b day of December,2007,between BERRY PETROLEUM
<br /> COMPANY,a Delaware corporation,("Grantor")whose legal address is 950 17'"Street,Suite
<br /> 2400,Denver,Colorado 80202 and MARATHON OIL COMPANY,an Ohio corporation,
<br /> ("Grantee")whose legal address is 5555 San Felipe,Houston,Texas 77056:
<br /> WITNESSETH, That the Grantor, for and in consideration of the sum of One Million,
<br /> Two Hundred Fifteen Thousand, Ten and 48/100 Dollars ($1,215,010.48), the receipt and
<br /> sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by
<br /> these presents does grant,bargain, sell, convey and confirm unto the Grantee, its successors and
<br /> assigns forever,as a.tenant in common,an undivided one-half of 100% (being an undivided 50%)
<br /> interest in and to all of the real property, together with improvements, all rights associated
<br /> therewith,and any after acquired interest(collectively"Property"), if any, situate,lying and being
<br /> in the County of Garfield, State of Colorado, described on EXHIBIT "A"attached hereto and by
<br /> this reference made a part hereof.
<br /> Also known by street and number as: vacant land.
<br /> TOGETHER with all and singular the hereditaments and appurtenances thereto
<br /> belonging, or in anywise appertaining, and the reversion and reversions, remainder and
<br /> remainders, rents, issues and profits thereof; and subrogation of Grantee to the rights of Grantor
<br /> under all the covenants and warranties of title with respect to the Property previously made by
<br /> others in the chain of title;and all the estate,right, title,interest,claim and demand whatsoever of
<br /> the Grantor, either in law or equity, of, in and to the Property, SUBJECT TO the Permitted
<br /> Exceptions set forth on EXHIBIT"B",attached hereto and by this reference made a part hereof;
<br /> TO HAVE AND TO HOLD the said premises above bargained and described with the
<br /> appurtenances, unto the grantee, its successors and assigns, forever, as tenants in common. The
<br /> Grantor, for itself and it's successors and assigns, does covenant and agree that it shall and will
<br /> WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
<br /> peaceable possession of the Grantee, its successors and assigns, against all and every person or
<br /> persons claiming the whole or any part thereof,by,through or under Grantor.
<br /> IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
<br /> above.
<br /> BERRY PE LEUM COMPANY,
<br /> a Delaware or . n
<br /> By:
<br /> Its o
<br /> STATE OF COLORADO )
<br /> )ss.
<br /> CITY AND COUNTY OF DENVER )
<br /> The foregoing instrument was acknowledged before me on this Iff" day of
<br /> /&'0fy0j1rf/ , 2008, by Dan Anderson as Vice President-Production of BERRY
<br /> PETROLEUM COMPANY,a Delaware corporation.
<br /> WITNESS my hand and official seal.
<br /> My commission Expires:
<br />
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