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SPECIAL WARRANTY DEED
<br />THIS DEED, made this day of May, 1996, between RIMROCR COAL
<br />CO., a corporation duly organized and existing under and by virtue
<br />of the laws of the State of Colorado, whose legal address is 1390
<br />Ash Street, Denver, Colorado 80220, of the City and County of
<br />Denver and State of Colorado, of the first part, and FISHERS PEAR
<br />LAND COMPANY, a corporation duly organized and existing under and
<br />by virtue of the laws of the State of Colorado, whose legal address
<br />is P.O. Box 398, Trinidad, Colorado 81082, of the second part:
<br />WITNESSETH, that the said party of the first part, for and in
<br />consideration of the sum of Ten Dollars ($10.00) and other good and
<br />valuable consideration, to the said party of the first part in hand
<br />paid by the said party of the second part, the receipt whereof is
<br />hereby confessed and acknowledged, has granted, bargained, sold and
<br />conveyed and by these presents does grant, bargain, sell, convey
<br />and confirm unto the said party of the second part, its successors
<br />and assigns forever, the following described property situate,
<br />lying and being in the County of Las Animas and State of Colorado,
<br />to-wit:
<br />ENGLEVILLE TRACT
<br />Township 33 South. Ranae 63 West of the 6th P.M.
<br />Section 20 - S1/2S1/2SE1/4SE1/4
<br />Section 29 - N1/2
<br />Containing approximately 326.35 surface and mineral acres.
<br />Together with all easements and rights-of-way appurtenant thereto,
<br />all improvements thereon and all fixtures of a permanent nature
<br />currently on the premises except as hereinafter provided, in their
<br />present condition, ordinary wear and tear excepted.
<br />Together with all and singular the hereditaments and appurtenances
<br />thereunto belonging, or in anywise appertaining, the reversion and
<br />reversions, remainder and remainders, rents, issues and profits
<br />thereof; and all the estate, right, title, interest, claim and
<br />demand whatsoever of the said party of the first part, either in
<br />law or equity, of, in and to the above bargained premises, with the
<br />hereditaments and appurtenances.
<br />Together with an undivided interest in all water rights and all of
<br />the oil, gas and other minerals in and under and that may be
<br />produced from the above bargained premises, which water rights and
<br />mineral rights are hereby conveyed without any warranty whatsoever
<br />or any representation as to value.
<br />TO HAVE AND TO HOLD the said premises above bargained and
<br />described, with the appurtenances, unto the said party of the
<br />second part, its successors and assigns forever; subject to
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