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~~ ~, <br /> <br />TOGETHER iiITH 7 shares of the capital stock of The Whitney <br />Irrigation Company. <br />SUBJECT, HOWEVER, to the following: <br />1. 1996 real estate taxes due and payable in 1997, which <br />taxes are to be paid by Grantors. <br />2. Rights of way or other easements as granted or reserved <br />by instruments of record, yy W <br />/h~i4^ <br />3. Any and all reservations, limitations, conditions and <br />exceptions contained in instruments of record which in any way <br />relate to or burden the above described premises. <br />4. Irrigated Farm Lease dated February 23, 1993 entered into <br />by Wilbert W. Firestien and M. Ruth Firestien as Landlords and <br />Gerald Firestien and Mark Firestien as Tenants, covering the above <br />described property for the initial term of January 1, 1993 to <br />December 31, 1993 and thereafter carried forward verbally on a year <br />to year basis and effective for the year 1996, excepting and <br />reserving to the Grantors herein the 1996 farm crop to be produced <br />on the above described premises, subject to the terms of the <br />existing farm lease as hereinabove described. <br />5. Excepting and reserving to the Grantors herein the <br />existing Shark's Tooth domestic water pipeline as now located, <br />together with reasonable rights of access thereof by the grantors, <br />their agents, heirs, legal representatives, successors and assigns <br />for purposes of maintenance, repair and replacement thereof. In <br />event the easement and the domestic water pipeline as now <br />constructed shall interfere with or obstruct the contemplated sand <br />and gravel operations of the grantee herein, the grantee shall have <br />the right to relocate the easement and the domestic water pipeline <br />to another location suitable and satisfactory to the grantors in <br />order for the grantors to receive and obtain said water and water <br />service in a quantity and quality equal to or better than its <br />present status, with the costs of relocation of the domestic water <br />pipeline to be borne solely by the grantees herein. <br />6. Reservation of right of proprietor of any penetrating vein <br />or lode to extract his ore, as contained in U.S. Patent recorded <br />December 2, 1886 in Book 34 at page 307 of the Weld County records. <br />7. Right of way, whether in fee or easement only, for <br />railroad, as granted to The Greeley, Salt Lake and Pacific Railroad <br />Company by instrument recorded December 10, 1881 in Book 31 at page <br />473 of the Weld County records. <br />8. Right of way, whether in fee or easement only, for the <br />extension of The Whitney Ditch as granted to The Whitney Irrigation <br />Ditch Company by instrument recorded March 18, 1911 in Book 359 at <br />page 191 of the Weld County records. <br />9. Liquor restrictions, which contain a forfeiture or <br />reverter clause, which provide that intoxicating liquors shall <br />~~ never be manufactured, sold or otherwise disposed of, as a <br />beverage, in any place of public resort in or upon the premises, <br />. or any part thereof, as disclosed in instruments recorded June 9, <br />1871 in Book 4 at page 228 and March 6, 1872 in Book 4 at page 447 <br />of the Weld County records. <br />l0. Right of way for railroad, 200 fee*_ in width, as reserved <br />by The Denver Pacific Railway and Telegraph Company in deed <br />recorded April 29, 1870 in Book 1 at page 549 of the Weld County <br />records. <br />11. Reservation of right of proprietor of any penetrating <br />vein or lode to extract his ore, as contained in U.S. Patents <br />recorded August 28, 1875 in Book 20 at page 23 and January 14, 1876 <br />-2- <br />