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111111111111 11111111111 III IIIIIIII 11111 III 1111111111111 <br />2863092 07105/2001 11:OtA JA St11 Tsukamoto <br />4 of ~ R 20.00 0 0.00 Weld Cou CO <br />EXHIBIT C <br />1Vater. At Closing, Seller will convey to Buyer all water rights apounenant to or used <br />in conneetion with the Property, together with al! well permits for all wells on the Property, <br />including without limitation Permit \`o. 133652; and including but not limited to; all ditch rights, <br />headgates, and measuring devices; well and well rights, including permits with pumps, pipelines <br />and measuring devices; all tributary, non-tributary or not-nontributar}• (as defined in CRS 37-90- <br />103 (10.7)) groundwater underlying the Property, whether adjudicated or not, whether permitted <br />or not; reservoirs, ponds and lakes, and reservoir, pond and lake rights, including any and al! <br />ditches or diversion structures diverting wzter therein; spring and spring rights, including <br />structures, measuring devices and well permits; s[ockwater ponds and permits therefor; shazes oC <br />stock in any ditch or reservoir company and leases and any other rights of use of any ditcFt, well <br />and/or reservoir water rights for water used upon or appurtenant to the Property; it being <br />specifically intended that al] water rights, structures, permits, shares of stock in ditch and <br />reservoir companies and easements and structures appurtenant to the Property will be transferred <br />with [he Property without reservation by Seller. <br />Minerals and other Rights. The Property expressly includes all minerals and mineral <br />rights, sand and gravel and sand and gravel rights, oil and gas and oil and gas rights owned by <br />Seller, all rights-of-way, easements, improvements, structures, fixtures and all other propeny <br />rights appurtenant (hereto and/or owncd or used by Seller in connection therewith, and any right, <br />title and interest in and to any adjoining or adjacent streets, roads, or rights-of-way, all vacated <br />alleys, streets and roads, strips and gores of land adjoining the PrepeRy described in the <br />Contract; provided, however, that Seller shall be entitled to retain the right to al] royalty <br />payments paid after Closing under all oil and gas leases presently encumbering the Property for <br />so long as such leases remain in effect. This right to payment shall be effected by Buyer <br />assigning such rights to payment to Seller at Closing in exchange for Seller's conveyance of'the <br />minerals and assignment of the lease(s). <br />