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DRY-UP COVENANT On and after 1 September 2001 Duvall Truetsen owner, (the "Grantor"). covenants and agrees that the water and water rights of the Home Ditch. shall not be used in connection wdh the real property described rn EnGosure 1 hereto (the `Property"). without the express written permission of Four Stales Aggregates LLC, PO Box 1568. Cortez. CO 81321 !'Grantee ), ds successors or assigns, which permisson may be withheld in Grantee's sde discretion. Grantor further covenants and agrees to take those actions reasonably necessary to eliminate any consumptive use oI water for agricultural or commerGal irrigation purposes on those porbons of the Properly which were historically ungaled by the Water RrgMs. or such lesser portion thereof as determined by a court or other Irrbunal of competent lunstliction in the lodgement and decree entered in any case involving the change or exchange of any of the Water Rights, unless Grantor obtains. by exchange. augmentation, change in point of diversan or use, or otherwise by law, approved rn advance of such Transfer or change of use by appropriate Water Court decree or order, the right to use water or rights to water on the Property other than those rights historically used on the Property. Any such future use of Water Rights shall be expressly subordinate to and shall not m any manner prohibit. prevent or adversely attecl any exchange or change of the Water Rights or any dry up required .n connection !herewith Grantor hereby grants Grantee anon-exGusrve, perpetual easement for the purpose of access to and crver the Property as may be reasonabty necessary to take actions to effectuate and enforce this Covenant, including but not limited to the afleratron and removal of ditches. and to conduct any monitoring or testing activity that may be a precondition for changing the Water Rights to a new use or place of use, provided that Grantee shall use and exercise such easement in a manner wtrich will not unreasonably interfere (except as to termmatron of ungationj with use by Grantor, its successors and assgns. of the Property This Covenant may be enforced by Grantee. its heirs, successors. and assigns as to the Water Rights, at any lime in any actron at law or in equdy This Covenant shall bind Grantor, his hens, successors and assigns and shall run vnth and burden the Property and shall run with and benefit the Water Rights The owner of the Water Rights shall have the right to extinguish and terminate this Covenant. subject to any condition of any decree wdh respect thereto, by executing and recording a declaration of such owner's intent wdh respect thereto j /~ ~-/ Duvall Truelse'. owner Home Ditch STATE OF COLORADO ) ss COUNTY OF MONTEZUMA ) The foregoing instrument vras acknowledged before me this 11T}I day of SF.PThMU!'x , 2f>41 Duvall, Truelsen. owner. Home Ditch Wdness my hand and offiaat seal My commissan expires ,IUNt: z0. 2003 (SEAL] ~- Nolary Publ r