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<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 />
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