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~ utaunu u~i~ ~ ~ use ~a w u~ ~ ~~ <br />Yg0149Y 11f30fP001 Og:ipA JA gold TtWmmtNo <br />1 W I R Y0.00 D 1g0.3t Wdd Comlq CO <br />~2 SPECIAL WARRANTY DEED <br />THIS DEED, Made this 27°i day of November, 2001, between FREDA LEE DREtLIING, formerly krrown as Freda Lee <br />Ack<rson, and MYRNA KAY SLABASZEWSKI, forrrcrly (mown as Myrna Kay Ackerson, of the County of Weld and <br />State of Colorado, Granmrs. an.1 MMERAL RESERVES, DJC., a Colorado corporation, whoa kgal address is 1400 <br />West 64i° Avenue, Drnvu, Colorado 60221, Attention: Duane Bollig, Division Land Manage, of Ux City and County of <br />Drnvcr, State of Colorado, Grantce: <br />WITNESSETH, that the Grantors, for and N consideratirn of the sum of <br />the receipt and <br />wrccirncy of which is hereby acknowledged, have granted, bargained, soldand conveyed, and by these presents do grant, <br />bargain, x11, convey, and confirm, unto the Grantee, its successors and assigns (orcve, all the real property situate, lying <br />and being in the County of W<Id. State of Colorado, described as follows: <br />Pmcel L- The SE'/. of the N W % of Section 12, Township 1 Norh, Range 67 West of the <br />6° P.M.; and <br />Pared 2: The N W'/. of the SEY. and [he Eazt 30 acres of the NE'/. of the S W % of Saxiar <br />12, Towaship t Vorth, Range 67 West of the 6° P.M.. <br />Vaunt land-No Strttt Addrrss <br />7/JGEFHER W[FH all minerals and mineral rights, sand and gravel and sand and gravel rights, oil and gas and oil and <br />gas rights, coal and coal rights owned by Grantors, all rights of Grantors in and to existing oil and gas wells and leases and <br />othu kases affecting the abovedescribed premises ("Premises"); all righlsof--way and eaxmrnts owned or used by <br />Grantors in conncetion with the Premises; all sructures, fixtures, houses, buildings, pumps, wells, imgatan <br />improvements and other improvements on Ih< Premius and all other property rights appurtenant thereto; and except az <br />otherwise provided herein, all wale rights appurtenant [o or uxd or usable in connection with the Premises, including all <br />ditches and ditch rights, wells and well rights; rcservdrs and reservoir and storage rights; all non-tributary or tributary <br />gcoundwala urrdulying the Premises whether adjtdicat<d or not, whtther permitted ur trot; toguher with any and all <br />stnrctures and improvements and related facilities used for the divusion of such rights, such as hudga[es or other <br />diversan structures, pumps, pipelines and mnsuring devices; well permits, shares of stock in any ditch or reservoir <br />company and t<axs and any other rights of rrx of any ditch and/or resuvoir orate rights (or orate uxd upon and <br />appurtenant to the Premises; provided, howevu, Ihee is expressly excepted fiom this Deed all of Grantors' tight, title and <br />interest in the orate rights represented by i.75 shares of tM Brighton Ditch Company, evidrnecd by Certificate Nos. 166, <br />166 and 223 (replacement (a last Certificate No. 167), such shares being the subject of a separate Water Rights Purchase <br />Agreement between the Grantors and Grantee. <br />TO NAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee, its <br />successors and assigns forever. The Grantors, for themxlves, their heirs and personal reprexntatives or successors, do <br />covenant and agrce that they shall and will WARRANT AND FOREVER DEFEND the abov<-bargained premius in the <br />quiet and peaceable possession of the Grantee its successors and assigns, against all and every person or persons claiming <br />the whole or any pan thereof, by, through or under the Grantors, except for those matters set forth on Exhibit A attached <br />heron and itxorporated by referasce. <br />~I-rN W C/INFSS W HEREOF, th~e~ Grantors have executed this deed on the date sd f h above <br />Freda Lee Drciling, I Y labasusgsl . <br />C/k!a Freda Lee Ackerson f/k/a Myma Kay Ackexn <br />STATE OF COLORADO <br />~ ) ss. <br />COUNTY OF (,~!(~~~.- ) <br />The foregoing instruarcnt was ackrrowledged before me this=`! // day of November, 2001 by Freda Lee Dr<iling, <br />flkla Freda Lec Ackerson, and Myma Kay Slabaszewski, fAJa Myma Kay Ackuson. <br />W imcss my hand and official seal. <br />commission expires: <br />ID- ~- c <br />otary Pu rc <br />