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09/11%2000 <br />,' <br />tacl,t; <br />~gluuvuu7 <br />C_ ;/ <br />Special Warranty Deed <br />(Statutory Form C.RS. § 38-30-115) <br />(Unpatented Muting Claims) Q~ a - <br />Eagle-Gypsum Products, a Colorado joint vesture ("Grantor"), whose street address is 740 U.S. <br />Highway 6, P.O. Box 580, Gypsum, Colorado 81637, County of Eagle, State of Colorado, for <br />good and valuable consideration, in hand paid, hereby sells and conveys to Centex Eagle <br />Gypsum Company, L.L.C., a DeIawaze limited liability company, whose address is 740 U.S. <br />highway 6, P_O. Box 580, Gypsum, Colorado BI637, County of Eagle, State of Colorado <br />("Grantee"), the real property descn'bed on Schedule A attached hereto, with all its- . <br />appurtenances (the "Property"), and warrants title to the same against all pers°ns claiming under <br />Grantor, subject to the exceptions listed on Schedule B attached hereto. <br />~ Notwithstanding the foregoing provisions of this Deed, the liability of Grantor to Grantee and to <br />v <br />~,i any successor in title to the property conveyed hereby under the warranties made in this deed, <br />including the warranties provided by statute (all. of which are hereinafter together called the <br />"Warranties"), shall be limited by the express limitations contained in that certain Limited <br />Liability Company Unit Purchase Agreement (EGP) dated as ofDecember 5, 1996 (the <br />"Agreement"), which provisions include the following: <br />a. No claim under the Warranties maybe made until the total of all claims under the <br />Agreement reaches the threshold amoutR therefor speafied is the Agreement <br />b. Claims under the Warranties may be satisfied only out of the funds escrowed <br />pursuant to the Agreement for the purpose of satisfying claims under the Agreement, this deed, <br />and other documents provided for in the Agreement, and Grantor shall not have arty liability for <br />claims made under the Warranties to the extent the same cannot be satisfied by the funds so <br />escrowed. <br />a Aay claim under the Warranties must be pursued by an action Sled on or before <br />the fifth anniversary of the date hereof, and any claim not so pursued by such date shall be <br />waived and relinquished. ' <br />;;y <br />d. By accepting this deed, Grantee agrees, and by accepting a deed to any interest in <br />the property, any successor owner of any interest in !fie properly agrees, that it has accepted and <br />agreed to be bound by the limitations on liability provided herein, which are covenants running <br />with the property hereby conveyed for the benefit of Giant:or and its successors- <br />Signed this ~{~, day of February, 1997. <br />~ Post-It° fax Note 7677 °~~1- I -aD Da~s- <br />TO S ev O. F'°'" Oavtd G~reerb-uH <br />cwoaoi: ~~ <br />1'n~+ Phone q Phone n <br />r F2Y a Fan f - <br />~ ~:'°nrau'uaz~z3u, I (1111111111 111111 L..___ ....-_-- <br />llef67 R 60 75 D70 001N 0800 Ea91e.3Colerade <br />L <br />l~ <br />