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DOCUMENTARY FEE i
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<br />b1SPLAY #?BY ?, DATE i
<br />SCAN DATE SPECIAL WARRANTY DEED $ -'
<br />THIS SPECIAL WARRANTY DEED, is made effective the 28th day of June, 1996, by
<br />and between LOG CREEK, INC., an Indiana corporation, with an address of 1840
<br />Midwest Blvd., Indianapolis, Indiana 46214 (hereinafter referred to as "Grantor"), and
<br />CYPRUS WESTERN COAL COMPANY, a Delaware corporation, with an address at
<br />29587 Routt County Road #27, Oak Creek, Colorado 80467 (hereinafter referred to
<br />as "Grantee").
<br />o WITNESSETH:
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<br />p, THAT, WHEREAS, Grantor, for and in consideration of the sum of Ten Dollars
<br />($10.00) and other good and valuable consideration, the receipt and sufficiency of
<br />o Which are hereby acknowledged, has sold and conveyed and by these presents does
<br />wD sell and convey unto the said Grantee and Grantee's successors and assigns, forever,
<br />°Cr all the estate, right, title, interest, claim and demand whatsoever of the said Grantor,
<br />whether in law or in equity, in and to the surface only of those certain tracts or parcels
<br />of real property (the "Real Property") located in the County of Routt,. State of
<br />Colorado, the same being further described in Exhibit "A" attached hereto and made
<br />Cl) a part hereof.
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<br />j o-Q TOGETHER, with any and all timber, all improvements, personal property, fixtures,
<br />equipment, electrical and/or gas appliances and light fixtures," and any and all
<br />structures located thereon, therein or thereunder, including any` grid-all W- bter"wells and
<br />a? septic sewage tanks and systems which are appurtenant to the Real Property.
<br />L- TOGETHER, with all of the rights, privileges and franchises thereto incident, and all
<br />and singular the tenements, hereditaments and appurtenances thereunto or in anywise
<br />o appertaining, and the rents, issues and profits thereof; and also all the right, title,
<br />104-3 interest, property, possession, claim and demand whatsoever, in law as well as in
<br />0 o equity, of Grantor, of, in or to the Real Property and every part and parcel thereof, with
<br />T-0 the appurtenances, including all after acquired title.
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<br />TO HAVE AND TO HOLD, all and singular the said Real Property, together with the
<br />c'10: appurtenances unto Grantee and unto Grantee's successors and assigns forever; and
<br />a 10 the said Grantor for its successors and assigns does covenant and agree to and with
<br />a the said Grantee's successors and assigns that it is lawfully seized in fee of the
<br />N aforesaid Real Property; that the same are free of all encumbrances except as stated
<br />o or may otherwise appear of record; that it has good right to sell and convey the same
<br />m to Grantee as aforesaid; and that it will specially warrant and defend the before
<br />granted Real Property against its own acts and none others.
<br />? SUBJECT TO (1) All prior oil and gas leases; (2) all prior conveyances of record of
<br />> portions of the Real Property or interests in the Real Property, or of any rights, titles
<br />or interests therein; (3) existing oil and gas wells; (4) reservations -of•rights to drill for
<br />oil, gas, water and other minerals of record; (5) all exceptions, reservations,
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