SPECIAL WARRANTY DEED
<br /> THIS DEED,is made,entered into and effective the 28`h day of September,2004,between
<br /> OWENS BROS. CONCRETE CO., a Colorado corporation whose legal address is 5550
<br /> Sheridan Boulevard, Arvada, Colorado 80002, of the County of Adams and State of Colorado
<br /> ("Grantor"),and
<br /> READY MIXED CONCRETE COMPANY, a Colorado corporation whose legal address is
<br /> 4395 Washington Street,Denver,Colorado 80216("Grantee").
<br /> WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other
<br /> good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
<br /> granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
<br /> confirm unto the Grantee and Grantee's successors and assigns forever, all the real property, together
<br /> with improvements, if any, situate, lying and being in the County of Weld, and State of Colorado,
<br /> described as follows:
<br /> SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE
<br /> INCORPORATED HEREIN.
<br /> Also known by street and number as: vacant land and 8133 County Road 28, Platteville, Weld
<br /> County,Colorado.
<br /> TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in
<br /> anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and
<br /> profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor,
<br /> either in law or equity, of, in and to the above bargained premises, with the hereditaments and
<br /> appurtenances.
<br /> TO HAVE AND TO HOLD the said premises above bargained and described, with the
<br /> appurtenances, unto the Grantee and Grantee's successors and assigns forever. And the Grantor, for
<br /> Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the
<br /> Grantee and Grantee's successors and assigns, that at the time of the ensealing and delivery of these
<br /> presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
<br /> indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
<br /> authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same
<br /> are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
<br /> encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current
<br /> year, alien but not yet due or payable, easements, restrictions, reservations, covenants and
<br /> rights-of-way of record,if any.
<br /> The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
<br /> in the quiet and peaceable possession of the Grantee and Grantee's successors and assigns, against all
<br /> and every person or persons lawfully claiming the whole or any part thereof by, through or under
<br /> Grantor.
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