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g10 I IIlIII lIIII 111111111111 IN 11111111111111111111111 IN <br /> 3074610 06/19/2003 02:10P Weld County, CO <br /> 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder <br /> Exhibit A to Water Rights General Warranty Deed <br /> DRY-UP COVENANT <br /> THIS COVENANT, including the Exhibit B attached hereto, is made and entered <br /> into this 17th day of June, 2003,by and between ASPHALT PAVING COMPANY <br /> ("Grantor"), whose address is 14802 W. 44`h Avenue, Golden, Colorado, 80403, <br /> and HYDROSOURCE ACQUISITIONS, INC. ("Grantee") whose address is 12303 <br /> Airport 'Kay, Suite 130,Broomfield,Colorado, 80021. <br /> GRANTOR COVENANTS permanently to cease all agricultural irrigation of, <br /> and permanently remove from irrigation, the lands historically irrigated by the water <br /> rights conveyed by this deed, except,however, that the lands may continue to be irrigated <br /> with water provided from a source other than that conveyed to Grantee to the extent <br /> allowed by law and not inconsistent with any other provision set forth herein. Such lands <br /> are described on Exhibit B attached hereto. Grantor further covenants to comply with the <br /> terms of any order or decree of the District Court, Water Division No, 1, State of <br /> Colorado, including,but not by way of limitation, any provision prohibiting irrigation of <br /> the lands above-referenced, including modification or elimination of structures for <br /> irrigation of such lands and including any prohibition or limitation on the use of Perry <br /> Sump No. 1 and Perry Sump No. 2, as described in the decree in Case No. W-6314, dated <br /> April 28, 1976, for the irrigation of the lands above-referenced. Any expense associated <br /> with such required modification or elimination of structures will be borne by Grantee. <br /> Any court-imposed revegetation obligations shall be the sole responsibility of the <br /> Grantor. The Covenant shall forever burden the land described in Exhibit B, and shall <br /> forever be enforceable against and be binding upon Grantor and Grantor's heirs, agents, <br /> successors, and assigns, for the benefit of Grantee and Grantee's agents, successors, and <br /> assigns, as the owner of the water rights conveyed by Water Rights Warranty Deed dated <br /> June 17, 2003. <br /> IN WITNESS WHEREOF,Grantor has executed this Covenant on the date first <br /> above written. <br /> ASPHALT PAVING COMPANY, Grantor <br /> By: , <br /> Je r WziffVcr, 'esildent <br /> l of 2 <br />