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<br />.ChrLiC.P.ncz PuebloC YC1t{Rao W 1 5609 A 66.38
<br />SPECIAL WARRANTY DEED -
<br />THIS SPECIAL WARRANr'Y'DEED is made this 4th day of- November 2004
<br />by Kenneth L Koslowskl, an individual, whose address is 10914 West 85th Place,
<br />Arvada, Colorado 80005; Kenneth G Montoya, an individual, whose address is 6417
<br />Signal Mountain Road, Beulah, Colorado 81023; and Karl D. Smith, an individual,
<br />whose address is 9400 Past Maplewood Avenue, Unit 19, Englewood, Colorado
<br />80111 (together hereinafter referred to as "Grantors") and Pete Lien & Sons, Inc.,
<br />a South Dakota corporation qualified to do business in the State of Colorado, whose
<br />address is 3401 Universal Drive, Rapid City, South Dakota 57702 (hereinafter
<br />referred to "Grantee ").
<br />WHEREAS, Grantors and Grantee have previously entered into an
<br />Exploration Agreement and Option to Purchase dated April 23, 2003 a
<br />Memorandum of which was recorded in the records of Pueblo County, Colorado on
<br />April 28, 2003 at Reception No. 1498186, and
<br />WHEREAS, Said E ploratian Agreement and Option to Purchase was
<br />amended on October 27, 2004, and -
<br />WHEREAS, On October 27, 2004 Grantee exercised its option to purchase
<br />saidNotice of Exercise of Option to Purchase having been filed tor record in Pueblo
<br />County, Colorado on October 29, 2004 at Reception No. 1592089..
<br />_� - - - "— NOW, THEREFORE; Grantors'for and in consideration of Six Hundred -Sixty
<br />. Five Thousand Dollars ($665,000.40) in hand paid by Grantee, receipt of which is
<br />hereby acknowledged by Grantors' hereby sell anii convey to Grantee the real
<br />property situated in the County of Pueblo, State of Colorado, to wit
<br />j4 - See Rx1 {bit "A" attachedhereto and.ineorporated herein by reference,
<br />'' together with the following: •
<br />1. Alt of Grantors' interest in all wafer, water rights, ditches, ditch •
<br />rights, storage rights, reservoirs, reservoir rights, wells and associated
<br />• well permits (including Specifically, bat not by way of limitation, two
<br />"(2) water. wells bearing Well Pernl.it Nos. 12918RR and 12919R
<br />. - respectively) whether tributary or non - tributary, appurnen ant to orused
<br />in said real property described on Exhibit "A" attached
<br />hereto, and
<br />i()P, 122
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