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<br />pivision otand Safety n, SPECIAL WARRANTY DEED
<br />Mining
<br />THIS SPECIAL WARRANTY DEED is made as of September 28, 2006, between
<br />TKO LLC, a Colorado limited liability company ("Grantor"), and the CITY AND COUNTY OF
<br />DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, a municipal
<br />corporation of the State of Colorado ("Grantee"), whose address is 1600 West 12th Avenue,
<br />Denver, Colorado 80204-3412.
<br />GRANTOR, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and
<br />other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, has sold and conveyed, and by these presents does hereby sell and convey unto
<br />the Grantee, its successors and assigns forever, the fallowing real property in the County of
<br />Weld, State of Colorado, to wit (the "Pro ert "):
<br />See Exhibit A attached hereto and incorporated herein by reference, but
<br />excluding all Minerals on, under or otherwise relating to the land
<br />described on Exhibit A and all Royalties relating to such land.
<br />NO DOCUMENTARY FEE REQUIRED -Grantee is a political subdivision of the
<br />State of Colorado.
<br />For purposes of this Deed, (1) "Minerals" means all minerals and mineral rights
<br />including, but not limited to, stone, sand, gravel, overburden, and other oil, gas and associated
<br />liquid hydrocazbons, coal gas, coal bed methane, nitrogen, carbon dioxide, helium and all natural
<br />gasses, appurtenant to and underlying the Property and other elements or matter below the
<br />surface of the Property, and (2) "Royalties" means. any royalties or other payments however
<br />characterized due from any lessee or any other owner of any interest in the Property or the
<br />Minerals including, but not limited to any unpaid royalties or other payments due under the
<br />Gravel Property Lease with Lafarge West, Inc. and all other leases of oil, gas or other Minerals
<br />described in Exhibit B to this Deed.
<br />TOGETHER WITH all improvements, easements and appurtenances thereto belonging or
<br />in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of
<br />the Grantor, either in law or in equity, of, in and to the Property.
<br />GRANTOR does covenant and agree to and with Grantee to warrant and defend the
<br />Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against
<br />all and every person or persons lawfully claiming the whole or any part thereof by, through or
<br />under Grantor, subject to all real property taxes and assessments for the yeaz in which this deed
<br />is dated, and all of the covenants, conditions, restrictions, easements and other matters described
<br />on Exhibit B attached hereto.
<br />100335737 /3i
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