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oci ? a ~oo~ <br />Division of Reclamation, <br />SPECIAL WARRANTY DEED Mining and Safely <br />THIS SPECIAL WARRANTY DEED is made as of September 28, 2006, between SW <br />VILLANEAUX, LLC, a Colorado limited liability company ("Grantor"), and BROMLEY <br />MINERAL HOLDINGS, LLC, a Colorado limited liability company ("Grantee"), whose address <br />is 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado 80111. <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 following real property in the County of <br />Weld, State of Colorado, to wit (the "Pro ert '): <br />The real property described on Exhibit A attached hereto and incorporated <br />herein by reference, including all Minera]s on, under or otherwise relating <br />to the land described on Exhibit A and all Royalties relating to such land; <br />and <br />All Minerals on, under or otherwise relating to the real property described <br />on Exhibit B attached hereto and incorporated herein by reference and all <br />Royalties relating to the real property described on Exhibit B. <br />For purposes of this Deed, (1) "Minerals" means all minerals and mineral rights <br />including, but not limited to, stone, sand, gravel, overburden, coal, oil, gas and associated liquid <br />hydrocarbons, coal gas, coal bed methane, nitrogen, cazbon 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 />chazacterized 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 C attached hereto. <br />Please return to Paula Moore <br />tom3a3as i 3k Rothgerber Johnson & Lyons LLP <br />1200 17th Street, Suite 3000 <br />Denver, CO 80202-5855 <br />