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i <br /> SitLe, to tt-,c pros .ty described in Exhibit A hf '?of through <br /> qrantce, to insti`Eute and prosecute any proceeo=rigs at law or <br /> in equity against the person or persons violating or threaten- <br /> in,j to violate any of these restrictive covenants. These <br /> restrictive covenants may be waived, terminated or modified <br /> .is to the whole or any portion with the written consent of the <br /> ;rantee, its su, ::essors and assigns deriving title to the pro- <br /> perty described in Exhibit A hereof through the grantee. No <br /> such waiver, termination or modification shall be effective <br /> until the proper instrument in writing shall be executed and <br /> recorded in the Office of the Clerk and Recorder for the Coun-y <br /> of Eagle, State of Colorado. <br /> Signed this 2.1 dal of September, 1978. <br /> THE BRUSH CREEK & EAGLE RIVER <br /> COMPANY, a Colorado limited <br /> partnership <br /> By: Granaway Partners, a <br /> partnership, a general <br /> partner 1 tt <br /> By AA*NJ 1-�• �f,{M1yaw <br /> Adams H. Nickerson, a <br /> parti.er <br /> Attest: E Q L By: The Brush Creek Company, <br /> a general partner <br /> FVWM+ �1 i4a"Ird By �--- <br /> Assistant Secretary Ches er M. Go man, <br /> President <br /> STATE OF COLORAD(' ) <br /> CITY AND ) ss. <br /> COUNTY OF DENVER ) <br /> The foregoing instrument was acknowledged before me <br /> this 27th day of September, 1978, by Adams H. Nickerson as a <br /> partner of Granaway Partners, a partnership, and by Chester M. <br /> Goldman as President and Adams H. Nickerson as Assistant <br /> Secretary of The Brush Creek Companv , a Delaware corporation, <br /> general partners of The Brush Creek & Eagle River Company, a <br /> Colorado limited partnership. <br /> I <br /> My commission expires : s== <br /> Witness my hand and official seal. <br /> i <br /> ,ice "G <br /> Notary Public <br /> -2- <br />