2011-03-14_REVISION - M1977493 (47)

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?? - cMcoCJ11J 111111111111111111111111111111111 J 8 7 1 3 8 5 11_?1112111 1111 Cheri Brunvand-Summit County Recorder 101181200712:30 DF: Exempt Exhibit 7 SPECIAL WARRANTY DEED EASEMENT This Deed, dated this /:!?' day of January, 2007, is from the Eagle Park Reservoir Company, a Colorado mutual ditch and reservoir company, whose address is 846 Forest Road, Vail, CO 81657 ("Reservoir Company"), to Climax Molybdenum Company ("Climax"), a Delaware corporation, whose address is Climax Mine, Hwy 91, Climax, CO 80429 (the "Parties"). WHEREAS, by Special Warranty Deed Easement dated May 18, 1993, Climax conveyed to Vail Associates, Inc. the AW Delivery Easement more particularly described therein. The foregoing Special Warranty Deed Easement was recorded in the following Counties in Colorado: County Recording Information Eagle Book 609 at page 158 Lake Book 504 at page 715 Summit Reception No. 443262 WHEREAS, the AW Delivery Easement was subsequently conveyed by Vail Associates, Inc. to the Reservoir Company by deed dated September 16, 1998. The Parties desire that the AW Delivery Easement be conveyed back to-Climax. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Reservoir Company hereby grants, bargains, sells and conveys to Climax the "AW Delivery Easement" as more particularly described in the Purchase Agreement dated April 9, 1993, between Vail Associates, Inc. and Climax and recorded in the real property records of the following Counties in Colorado: County Recording Information Eagle Book 607, Page 553 as corrected at Book 609, Page 157 Lake Book 504, Page 347A Summit Reception No. 442127 The AW Delivery Easement provides, among other things, access to land described in the Purchase Agreement and is subject to the terms and conditions therein. The Reservoir Company warrants the title to the AW Delivery Easement, free and clear of all liens and encumbrances, against all persons claiming by, through,'or under the Reservoir Company. To have and to hold the same-unto Climax, its successors and assigns forever. Executed as of the date first set forth above. After Recording, Return to: Patricia L. Davis MOM. Ryley Carlock & Applewhite 11 1999 Broadway St., Ste. 1800 Denver, CO 80202 Exhibit 35