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Icy r ~-6 <br />5V, 91, <br />CM0001016 o j I <br />SPECIAL WARRANTY DEED <br />(Water Rights) <br />This Special Warranty Deed, dated--6.-Zrc , 199 , is from Cyprus Climax <br />Metals Company, a Delaware corporation ("Cyprus Climax") to Eagle Park Reservoir Company, <br />a Colorado mutual ditch and reservoir company whose address is 846 Forest Road, Vail, <br />Colorado 81657 (the "Reservoir Company"). <br />For good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Cyprus Climax hereby sells, assigns and conveys to the Reservoir Company all <br />of Cyprus Climax's right, title and interest in and to the decree dated?--s , 199 e, <br />entered, by-jep4 ° °Y„'r *t^ ; °°a'.. ?? the District Court in and for Water Division No. 5, <br />State of Colorado, in Case No. 92CW340, and the absolute and conditional water rights decreed <br />therein to the Eagle Park Reservoir and the Eagle Park Reservoir, First Enlargement, both of <br />which are located in Eagle County, Colorado, with all appurtenances thereto, and warrants title <br />y to the same against all persons claiming by, through or under Cyprus Climax, free and clear of <br />• all liens and encumbrances. <br />r <br />To have and to hold the same unto the Reservoir Company, its successors and assigns, <br />forever. <br />Executed as of the date first set forth above. <br />CYPRUS CLIMAX METALS COMPANY, <br />a Delaware corporation <br />By. <br />Titie• Qc.? ?.,..Q <br />I111111IIIII1111111IIIIIIII IIIIlI flllllIli 11111 IIII Illl <br />669746 09/17/1998 04:34P 388 Sara Fisher <br />1 of 2 R 11.00 D 0.00 N 0.00 Eagle CC <br />3M541 <br />i <br />Exhibit 28 <br />