2008-11-20_PERMIT FILE - M2008078 (9)

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1?IIN?II111111Ifl8ININIIIIIIiIIINIIIIII1111INf 504?9205P Prowera County. CO. B 4 6 OHBR 11.00 0 0.06 EXHIBIT A TO BARGAIN AND SALE DEED 3108 Shares of the Lamar Canal and Irrigation Company 2. Any water or water rights (other than the Retained Water Rights, as defined below, which are reserved to Grantor), whether tributary, nontributary, or not nontributary, whether adjudicated or unadjudicated, absolute or conditional, and all ditches and ditch rights, water wells and well rights, State Engineer filings, well registration statements and well permits, water taps, reservoirs and reservoir rights, all perfected and inchoate rights to the development, extraction or use of nontributary aquifer water, all decrees and pending water court applications, which are or have been used on or in connection with, or are appurtenant to, or located on or underlying, the Real Property described on Exhibit A-1 hereto (the "Property'), including but not limited to the wells located on the Property, as described in the following well permits: 4230-F; 4231-F; 5060-F; 9302-F; RF-1072 (formerly, Well Registration No. 6434). 3. The "Retained Water Rights" shall consist of the remaining 3477 shares of Grantor's stock in Lamar Canal and Irrigation Company; all of Grantor's rights in the March 17, 1995 contract between Continental Grain Company, d/b(a Colorado Beef, and the Lower Arkansas Water Management Association ("LAWMA'); and 284 shares of stock in LAWMA, evidenced by Certificate No. 233, which have previously been relied upon for augmentation of water withdrawn from wells located on the Property. Grantee acknowledges that the wells located on the Property may not continue to be used for the withdrawal of water unless Grantee secures alternative augmentation supplies, and that Grantee shall be solely responsible for securing such supplies. ( FILENAME 1- MERGEFORMAT ) No. 901. Rev. 444. BARGAIN AND SALE DEED (Page -1 PAGE) of (NU.MPACES U 27