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CM0001129 <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Reservoir and Climax hereby agree that: <br />1. Paragraph I of the Easement shall be deleted. <br />2. The third sentence of Paragraph 4 of the Operating Agreement shall be amended <br />to delete reference to the Arkansas Well. <br />3. Except as expressly amended by paragraphs 1 and 2 above, this Agreement to <br />Amend Chalk Mountain Interceptor Easement shall not affect or modify any other <br />provisions of the Easement and Operating Agreement, which shall remain in full <br />force and effect, and shall be binding upon the Parties' successors and assigns. <br />Executed as of the date first set forth above. <br />EAGLE PARK RESERVOIR COMPANY, a . <br />Colorado mutual ditch and reservoir company <br />ATTEST <br />B By: <br />Dennis Gelvin Thomas Allender <br />Assistant Secretary President <br />STATE OF COLORADO ) <br />COUNTY OF j ss. <br />The foregoing instrument was acknowledged before me this lS day of January, <br />2007, by Thomas Allender as President of Eagle Park Reservoir, a Colorado mutual ditch and <br />reservoir company, on behalf of such corporation." <br />Witness my hand and official seal. <br />My commission expires: 8 q a <br />No ary Public <br />fd10287 14 <br />?OLDIC, . <br />a fop q <br />ra <br />OF Cov0