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Exhibit ` "
<br />Attached hereto and made a part ofthat certain Agreement Surface Use A reement between
<br />Zadel Family, LLLP and Kerr-McGee Oil & Gas Onshore LP, dated of, ,, . ...
<br />2006
<br />RIGHT OF-WAY GRANT
<br />THIS RIGHT-OF-WAY GRANT ("Grant) is made ,.tfis """" -day of
<br />~~ 2006, from Zadel Family, LLP, whosa:.address is, WCR 19, Fort
<br />Lupto Colorado 80621 ("Grantor"), to Kerr-McGee ~ ._ a
<br />Colorado limited liability tympany, whose address is 1999-yBroad~5ayr:Suite 3700, Denver,
<br />Colorado 80202 ("Grantee"). The parties agree as follows:`' ..
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<br />For and in consideration of Ten Dollats"";,;($10.00}<,.and other good?;and valuable
<br />consideration, the receipt and sufficiency of which"are.herebygcknowledged, Grantor hereby
<br />grants, conveys and warrants unto Grantee, its successors,-arid assigns, a perpetual right-of-
<br />way(s) and easement(s) to survey, construct, maintain, inspect, operate, repair, replace, modify,
<br />change the size of; reconstruct, mazk'::monitor, abandon"ot`remove, at Grantee's election,
<br />pipelines and all appurtenances, below andlQr...,above ground, .including but nat limited to
<br />launchers and receivers, convenient for thearanspodation or transmission of oil, gas, petroleum
<br />products, water, hydrocazbons and any othersubstances'`~hether fluid, solid or gaseous, and any
<br />products, derivatives, combinations or mixtures ofany o~the~'foregoing, in, on, over, under, or
<br />through the lands situatedin~ ~ County,"'State of Colorado, being described as follows:
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<br />The Specific route and course of the nght-of-way(s) and easement(s) conveyed hereby
<br />("Right-of--Way Lands") is more paYticularly described on Exhibit "A" attached hereto and made
<br />a part hereof. The width ofthe Right of=Way Lands during construction shall be fifty feet (50~,
<br />and subsequent to tynstruction.shall be"thirty feet (30').
<br />Grantors:-represent and"warrant to Grantee that Grantors aze the rule owner in fee snnple
<br />of the Right-of-WayLands and have full right, power and authority to make this Grant.
<br />Grantee shall lay':all pspe at a depth of not less than 48 inches. Grantee shall repair and/or
<br />restore any fence on or adjacent to the Right-of--Way Lands removed or severed by Grantee in
<br />the course of the operations provided for in this Grant. If necessary to prevent the escape of
<br />Grantor's livestock, Grantee shall construct to±.upurary gates or fences.
<br />Grantee shall have all rigbi';, 1Jriviteges and lsencfits necessary nr cc:nveaient for the ~tll
<br />use :xnd en,joymert*, af'ttts inatH, irch.,~~urt: bUt nut limited tu. the ,=gltt ofingress and egress ever
<br />and across Grantor's lairds lying adja~:nt W fhe 1#tghr-of-bVay 1_ands fist any and ail purpsses
<br />necessary and incider_!al to exerc~surg Chartfee's cibltts hereunder. Graaturs agree not to build;
<br />create, construct or permit to lre built, created or constructed, any obstrue-tion, building, fence,
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