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<br />• <br />Exhibit No. 2.2 <br />There is currently litigation filed against Basin by Messrs. Toupal and Tatum. To <br />the extent provided by Colorado law, these litigation matters could constitute <br />constructive liens against some of the property transferred herein. However, NCE, <br />the owner of the real property and the water rights transferred in the present <br />transaction is not a named party to the aforementioned litigation. The litigation <br />filed by Mr. Tatum, Cuase No. 93-CV-127, Las Animas County, relates duectly to the <br />decree in Case No. 83CW131 Water Division 2, dated September 16, 1985 (the <br />83CW131 Water). <br /> <br />