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• i6. Liens and Encumbrances, Each Grantee shalt keep the Property free of all mechanics liens arising out of that Grantee's interest in or activities on the Right-of-Way. Each Grantor, with the exception of PSCO, • acknowledges that there are no mortgages or deeds of trust encumbering such Grantor's Property. PSCO acknowledges that there exists the PSCO Indenture dated December 1,1939, between PSCO and U.S. Bank Trust, National Association, and the PSCO Indenture dated as of October 1, 1993 between PSCO and U.S. Bank Trust, National Association (the Indentures, or any extensions or renewals thereof being referred to as the "Indentures"), which encumbers PSCO's Property as described in Exhibit A. All Grantors and Grantees, including PSCO, acknowledge and agree that if a foreclosure or deed in lieu of foreclosure of the Indenture eliminates or terminates this Right-of Way through PSCO's Property, PSCO's rights, as Grantee, under this Agreement will automatically terminate and be of no further force and effect. 17. Notices. Any notice, demand, request, consent, approval, or communication that a party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid registered mail, return receipt requested. Notice shall be deemed communicated only when received personally by the party to whom notice is to be given or upon the expiration of three (3) days after the deposit of such notice in the U.S. mail, postage prepaid to the address of such parry as herein provided or the address of any successors or assigns of any Grantee as shown in the public records of Routt County: If to Grantors/Grantees: Hayden Station Manager Public Service Company of Colorado 13125 U.S. Highway 40 Hayden, Colorado 81639 Director, Corporate Real Estate • Xcel Energy Services, Inc. 550 15"' Street, Suite 1000 Denver, Colorado 80202-4205 Timothy D. Harris Seneca Coal Company 14062 Denver West Parkway Sufte 110 Golden, CO 80401-3122 Babson Farms, Inc. 400 Michigan Avenue, Suite 1120 Chicago, IL 60611 Joady Boulware Perrett, Trustee Under the Irrevocable Trust Agreement dated March 28, 1978 700 Old Orchard Road Hendersonville, NC 28739-3930 Dorothy Stark Combs, Trustee and Successor Trustee Under the Irrevocable Trust Agreement dated March 28, 1978 c% Joady Boulware Perrett 700 Old Orchard Road Hendersonville, NC 28739-3930 J I III II IIIaI IIIIII IIIIII III I VIII VIII III VIII IIII IIII 59 8 04 09: 13r Kay Weinland Routt CounlY~ CO EPSEMENT R 133.00 D 0.00