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Deft C 10248'34
<br /> 9/09/2002 1405tV
<br /> V-11 PG- 0001-004
<br /> $—I1.° 21.00
<br /> Btate D00 RA DOC FEE: 88.97
<br /> { Poo GENERAL WARRANTY DEED CAROADAMS COUNTY
<br /> THIS DEED,made as of this 41h day of September 2002,is by and
<br /> between Leonard C. Leon and Lydia E. Leon whose address is 13115 E. 160th Avenue,
<br /> Brighton Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado
<br /> corporation,whose address is 3605 South Teller Street,Lakewood, Colorado 80235
<br /> ("Grantee").
<br /> WITNESSETH, that Grantor, for and in consideration of the sum of
<br /> Ten and 00/100 Dollars($10.00)to Grantor in hand paid by Grantee,the receipt
<br /> whereof is hereby confessed and acknowledged,has granted,bargained,sold and
<br /> conveyed and by these presents does grant,bargain, sell, convey and confirm unto
<br /> Grantee, its heirs,successors and assigns forever,the real property situate in the County
<br /> of Adams, State of Colorado, and more particularly described on Exhibit A attached
<br /> hereto and incorporated herein by this reference(hereinafter"the Property"),
<br /> TOGETHER with all and singular the hereditaments and appurtenances
<br /> thereunto belonging,or in any wise appertaining, and the reversion and reversions,
<br /> remainder and remainders,rents, issues and profits thereof, including,but not limited
<br /> to, all gravel,sand, coal,carbon dioxide,helium, geothermal resources, and all other
<br /> naturally occurring elements,compounds and substances,whether similar or dissimilar,
<br /> organic or inorganic,metallic or non-metallic in whatsoever form and whether
<br /> occurring, found,extracted or removed in solid,liquid or gaseous state or in
<br /> combination, association or solution with other mineral or non-mineral substances,
<br /> regardless of their intended use or current commercial value,and all the estate,right,
<br /> title,interest,claim and demand whatsoever of Grantor,either in law or equity,of,in
<br /> and to the Property,with the hereditaments and appurtenances, except as otherwise
<br /> provided herein.
<br /> �j RESERVING, however,unto the Grantor, all right, title, and interest in
<br /> (O and to all gold, oil, gas, and other liquid hydrocarbon substances, and casinghead gas
<br /> (collectively the"Reserved Minerals"),together with the right to mine and remove the
<br /> same. Notwithstanding the foregoing reservation, it is expressly recognized that the
<br /> minerals and mineral rights conveyed to Grantee herein are dominant to Grantor's
<br /> rights with respect to the Reserved Minerals, and that Grantor may not mine and remove
<br /> any of the Reserved Minerals in such a manner as to interfere with or make more
<br /> expensive the mining or development of gravel, sand or other minerals by Grantee. In
<br /> addition,it is expressly recognized that Grantee will have the right to mine and develop
<br /> gravel, sand and other minerals conveyed to it hereunder without testing for, and
<br /> without any obligation to account to Grantor for, any gold that may be interspersed with
<br /> or found in conjunction with such sand, gravel or other minerals.
<br /> TO HAVE AND TO HOLD the Property above bargained and described,
<br /> with the appurtenances unto Grantee, its heirs, successors and assigns forever. And
<br /> Grantor, for itself,its successors and assigns, does covenant, grant,bargain and agree to
<br /> and with Grantee,its heirs, successors and assigns, that at the time of the ensealing and
<br /> delivery of these presents it is well seized of the Property,as of good,sure,perfect,
<br /> absolute and indefeasible estate of inheritance,in law,in fee simple,and has good
<br /> right, full power and lawful authority to grant,bargain,sell and convey the same in
<br /> manner and form aforesaid, and that the same is free and clear from all former and other
<br /> grants,bargains,sales, liens,taxes, assessments and encumbrances of whatever kind or
<br /> nature soever except general taxes and assessments for the current year and all
<br /> subsequent years; and except for those matters shown on Exhibit B attached hereto and
<br /> incorporated herein; and the above bargained premises in the quiet and peaceable
<br /> possession of Grantee,its successors and assigns,will warrant or forever defend against
<br /> all and every person or persons lawfully claiming or to claim the whole or any part
<br /> thereof.
<br /> Aggregate Industries Tucson South Permit Amendment Isrs 9 q
<br /> Page N-1
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