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111111 11111 1111111 11111 111 111111 111111 111 IIIII 1111 1111 <br />2946124 R 40 .000 02 09:23A JA Suld moto <br />Weld County CO <br />WARRANTY DEED <br />THIS DEED, made effective as of the 15 day of April, 2002, between FLATIRON SAND AND <br />GRAVEL COMPANY, a Colorado corporation, "Grantor," whose address is 4770 Baseline Road, Suite 300, <br />Boulder, Colorado 80303 and COTrONwoOD LAND AND FARMS, LTD., a Colorado limited partnership, <br />"Grantee," whose address is 4770 Baseline Road, Suite 300, Boulder, Colorado 80303. <br />WITNESSETH, that Grantor for and in consideration of the sum of FIVE HUNDRED SEVENTY FIVE <br />THOUSAND and No /100 DOLLARS (5575,000.00) and other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these <br />presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all <br />the real property, together with improvements, if any, situated, lying and being in the County of Boulder, <br />and State of Colorado, described as follows: <br />{ W0720460 LIMP) <br />See Exhibit A <br />/;lid g563 <br />TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in <br />anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits <br />thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or <br />equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. <br />TO HAVE AND TO HOLD the said premises above bargained and described with the <br />appurtenances, unto Grantee, its successors and assigns forever. And Grantor, for itself, its heirs and <br />personal representatives, successors and assigns, does covenant, grant, bargain and agree to and with <br />Grantee, its successors and assigns, that at the time of the ensealing and delivery of these present.. it is well <br />seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of <br />inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell <br />and convey the same in manner and form as aforesaid, and that the same is free and clear from all former <br />and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind <br />or nature whatsoever, except and subject to those matters referenced on Exhibit B attached hereto and <br />incorporated by reference herein. <br />Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in <br />the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or <br />persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the <br />plural the singular, and the use of any gender shall be applicable to all genders. <br />IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed, the day and year <br />first above written. <br />FLATIRON SAND AND GRAVEL COMPANY, <br />a Colorado corporation <br />By: C. <br />Edwin C. McDowell, Jr., Vice President <br />