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three, in which it is contemplated that Wilson Creek may be <br />permanently relocated not to exceed 25 feet easterly of the <br />present Wilson Creek channel. As to these exceptions, the <br />southeasterly bound azy of Parcel 900-RA R1 may be located <br />southeasterly of the present location of Wilson Creek but may <br />not be located southeasterly of the relocated Wilson Creek. <br />Grantor and Grantee have agreed on the location of <br />four grade crossings of Parcel 900-BA Rl north of Section 22, <br />Township 4 North, Aange 93 West of the 6th P.M. Grantee <br />shall construct grade crossings at those locations and <br />Grantor hereby reserves the right to use each of such grade <br />crossings. 5WN ~t21 ^"" ~?;f3 <br />TO HAVE AND TO HOLD the same, together with all <br />rights within Parcel 900-8A R1 necessary to operate, use and <br />maintain the facilities over the right of way and easement <br />hereby granted unto the Grantee, its successors and assigns, <br />forever, provided that this easement shall terminate upon <br />abandonment by Grantee, or its successors in interest, of the <br />facilities hereafter constructed on Parcel No. 900-BA R1. <br />Grantor represenes and warrants to Grantee, its successors <br />and assigns, that it is the owner in fee simple of Parcel No. <br />900-BA Al and has good right, full power and lawful authority <br />to grant, bargain, sell and convey a right of way and easement <br />over said parcel in manner and form as aforesaid, and that <br />the same is free and clear from all former and other grants, <br />bargains, sales, liens, taxes, assessments and encumbrances <br />of any kind or nature whatsoever, except the lien for general <br />taxes for 1978, payable in 1979, and subject only to patent <br />reservations; mineral reservations of record prior to June 1, <br />1975, easements of record or in place prior to June 1, 1975; <br />liens, reservations, leases or encumbrances of record prior <br />to June 1, 1975 which only affect Grantor's interest in oil <br />and gas in and under or that may be produced from Parcel No. <br />900-BA R1; oil and gas lease from Grantor to Texaco Znc., <br />-3- <br />Exhibit 1, Item 3-27 Revision Date: 1/16/06 <br />Revision No.: MR-78 <br />