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M I-I'''1 <br />~a_~ `-Soar rh <br />SPECIAL WARRANTY DERD <br />"IRIS DEED, Mnde this 2T" day of November, '001, between FRF:DA LEE DREILIING, fomterly known as Freda Lee <br />Ackerson, and MY12NA KAY SLAIIASZEWSKI, tin"merly known as Myma Kay Ackerson, of the County of Weld and <br />State of Colomdn. Grantors, and MINERAL RESERVES, INC., a Colorado corporation, whose legal address is 1400 <br />Wes[ G4'~' Avenue. Denver, Colorado 80221, Attention: Duane Bollig, Division Land Manager, of the City and County of <br />Denver, State of (: olorado, Grantee: <br />the Grantor's, for and in consideration of the sum of <br />,the receipt and <br />suRiciency of which is hereby acknowledged, have granted, bargained, sold and conveyers, and by these presents do grant, <br />bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property situate, lying <br />and bang in the County of Weld, Stale of Colorado, descrihed as follows: <br />Parcel I: The SE'/, of [he N W'/. of Section 12, ~iownship I North, 12ange 67 West of the t,` /l~ FNl U ~,.t4 <br />G"' P.M.; and <br />Parcel '_: The NW!. of the SEY. and the Easl 30 acres nt the NE"~ of thr S W;: of Section E-- M F M t~ oU;~ <br />I },'T'ownship I Nnrlh, Range 67 Wcst oCthe 6"' P M <br />Vacant Lnnd-Nn Street Address <br />TOGETHL"R WITH 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 n(Gmntors in and to existing oil and gas wells and leases and <br />other leases affecting the above-described premises (`Premises"); all rights-or-way and easements owned or used by <br />Grnntors in eomtectinn with the Premises; all structures, fixtures, houses, buildings, pumps, wells, irrigation <br />improvements and other improvements on the Premises and all other property rights appw~tenant thereto; and except as <br />otherwise provided herein, all water rights appurtenant to or used or usable in connection with the Premises, including all <br />ditches and ditch rights, wells and well rights; reservoirs and reservoir and storage rights; all non-tributary or tributary <br />grmmdwarer underlying the Premises whether adjudicated or not, whether permitted or not; together with any and all <br />structures and improvements and related facilities used for the diversion of such rights, such as headgates or other <br />diversion structures, pumps, pipelines and measuring devices; well permits, shares of stock in any ditch or reservoir <br />company and leases and any other rights of use of any ditch and/or reservoir water rights for water used upon and <br />appurenant to thr Premises; provided, however, there is expressly excepted from this Decd all of Grantors' right, title and <br />interest in the water rights represented by 1.75 shares of [he Brighton Ditch Company, evidenced by Certificate Nos. IG6, <br />168 and ??} (replacement for lost Certifca[e No. 167), such shares being the subject of a separate Water Rights Purchase <br />Agreement hetwecn the Grantors and Grantee. <br />TO HAVE AND TO HOLD the premises above hargained and described with the appurtenances unto the Grantee, its <br />successors and assigns forever. The Grantors, for themselves, their heirs and personal representatives or successors, do <br />covenant and agree that [hey shall and will WARRANT' AND POREVF.R DEFENU [he above-bargained premises in the <br />gate: and peaceable possession oCthc Grantee its successors and assigns, against all and every person or persons claiming <br />the whole or any part thereof, by, through or under the Grantors, except for those matters set forth on Exhibit .4 attached <br />hereto and incorporated by reference. <br />IN W [TNESS WI fEREOF, the Grantors have executed this decd on the date set fn~"Ih above <br />Freda Lee Dreiling, ~"~ ~ " / <br />a labasznys , <br />f/lda Freda Lee Ackerson f/k/a Myma Kay Ackerson <br />STATL OF COLORADO ) <br />ss. <br />COUNTY OF ) <br />The foregoing instrument was acknowledged before me this=l day of November, ?001 by Freda Lze Dreiling, <br />C/Wa Freda Lee Ackerson, and Myrna Kay Slabaszewski, f/k/a Myma Kay Ackerson. <br />Witness my hand and official seal. <br />My commission expires: <br />lo- .~- c <br />olarv Pu is <br />