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<br />SPECIAL WARRANTY DEED <br />f <br />This Special warranty Deed, made this ~ day of <br />1992, by PEABODY COAL COMPANY, a Delaware corporation <br />wi h offices at 1300 South Yale, Flagstaff, Arizona 86001 <br />(hereinafter, "Grantor") to WESTERN FUELS - COLORADO, A LIMITED <br />LIABILITY COMPANY, a Colorado limited liability company with <br />address at 12076 Grant Street, Thornton, Colorado 80241 <br />(hereinafter, "Grantee"); <br />For and in consideration of Ten Dollars ($10.00) and other <br />good and valuable consideration the receipt and sufficiency of <br />which is hereby acknowledged by Grantee, Grantor does hereby sell <br />and convey unto Grantee, its successors and assigns forever, all of <br />the following described real property situate in the County of <br />Montrose, State of Colorado, to wit: <br />THAT REAL PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT A, <br />ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, <br />hereinafter referred to as the "Property", together with all its <br />appurtenances, subject to (i) those, if any, rights of way, <br />easements, leases, deed and plat restrictions, partitions, <br />~" encumbrances, licenses, reservations and exceptions which are of <br />record as of the date of this instrument, (ii) the physical <br />conditions, encroachments and possessory rights which would be <br />evident from an inspection of the Property, (iii) property taxes <br />for 1991 and all subsequent years and (iii) those other exceptions, <br />reservations, liens and encumbrances specifically referred to in <br />Exhibit A hereto. <br />Grantor warrants title to the Property unto Grantee and its <br />successors and assigns against all persons claiming by, through or <br />under Grantor, but not otherwise. <br />Executed the day and year first written above. <br />Attest: PEABODY COAL COMPANY <br />~ ~ ~Q <br />ssistant Secretar <br />By ~ ~ ~ <br />Dennis L. Stevenson <br />Vice President <br />U <br />