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Y <br />MI't I'V <br />�jrn,.�v. W..VrVWV ,.r. yr 1Vr•�.M1 <br />DEC 0 6 1 1�J35 t ?PC.o�c.DA, 11:-A0 ccEacKA m 11 -1 -9 5 <br />►tt:CEr•" m 61284 3 Rut'H'E HEATH, Ala <br />Ralf <br />RELEASE OF RIGHTS OF FIRST REFUSAL <br />This release, dated Abov - &m&, , i -(L_q� <by Donald J. Rico and Marianna Rico (the <br />'Ricer'), whose address is P_O. Box 494, Nucla, CO 81424, witnesseth that: <br />WHF'REAS, by an Escrow Purchase Agreement dated June 27, 1978, the l:ik:es sold and <br />mnveyed certain real property situated in Montrose. County, Colorado, with a legal address of: <br />• i/c SW i /+, Sl:l.tlorl 25 luwn:iilip 47 Ivorah r iii West of the New [yiaxlGo <br />P.M. <br />TOGETHER WITH all easements and water and water rights and ditches and ditch <br />rights appurtenant to said land, including without limitation 27 shares of the C.C. <br />Ditch Company, and all improvements and fixtures of a permanent nature thereon, <br />and <br />TOGCTHF,R WiTt all tho coal in, upon or under said land, and one half (1 12) of <br />Sellers' entire right, title and interest in and to all other minerals of any kind and <br />character, including but not limited to oil, oil shale, gas and other hydrocarbons, <br />limestone, uranium, clay, sand and gravel in, upon and under said land <br />RESERVING unto Sellers an undivided one -Half (1/2) interest In and to all such other <br />minerals, together with the right to t1till7a so much of the surface as Is reasonably <br />necessary for the proper and convenient working of Stich other minerals, subject to <br />the obligation to pay surface damages, and provided that the exploration for and <br />mining of the coal conveyed by Sellers to Purchaser and all surface uses related <br />thereto shall at all times have absolut priority over the working of such o th er <br />mineral With respeict to said rese one -half (1/2) interest, Sellers wa ive, for <br />themselves, their heirs, successors and - tssigns: (n) Any reciprocal servitudes, <br />eascments of nc=isity or other implied rights of access through the said coal to said <br />other minerals, (b) Any rights they might now have or in the future acquire to <br />subjacent or other support for said other minerals; and (c) Any rights they might now <br />have or in the future acquire to claim damages for the loss of part or all of such other <br />minerals ass a result of the exploration for and mining of the coal conveyed by Sellers <br />to p r . trchaser' <br />Xe <br />w <br />