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HomeMy WebLinkAbout1.08 Mineral Rights Research DocumentationRecorded ata ;.5.5 o'clock P M. Apr 6 1949 Reception No 1679Q1 Charles S. Keegan Recorder. Book 241 Page 27 THIS DEED, Made this Twenty-sixth. day of :.=arch year of our Lord one thousand nine hundred and . forty-nine between IJARALD PABST in the of the County of Garfield and State of Colorado, of the first part, and CAM S2UIR ,S and 'ANNA K.'. SGUIRi6 S of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other .good and valuable consideration-. - - -DetIOC-R% to the said party of the ,first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described Iot S or parcel g of land, situate, Iying and being in the County of Gar f ielft•and State of Colorado, to -wit: 1'kl« t part of Lot Twenty (20), :lection 28, Township 7 South, Ran- e 68 hest of the Sixth Principal Meridian lyint; :;est of the riO• t --of - :ay of the Denver, Rio Grande & „e tern Railroad and North' of the South line of Lot Nineteen (19) , Section 28, Township 7 South, Rance 888 'iciest of the Sixth Principal .Meridian produced Korth 89°341 East, to the ;.esterly line of the right-of-way of the Denver, Ria Grande 4c ':iestern Railroad, and the west boundary of which is the north - south line between.Lots =;ineteen (19) and Twenty (20) said Section 28 and is also the oast line of the Town of Coonerton, Garfield County, Colorado, containin4.02 acres, more or less, together with any and ail 'water and water rights, ditches and ditch rights appertainin,, to or used in connection with said property and particularly but not exclusively a proportionate interest in the i,ockford Ditch and water rights and the water . rights adjudicated thereto, the= same Laing Ditch No. 46 with Priority Nos. 51 and 399 Water District No. 28, in the proportion that the acreage herein convoyed bears to the total acreage irrigated by said ditch. Reserving, however, from this .conveyance, all minerals, gas and oil rights in or under said land .TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED.—To Joint Tenants.—The Bradford -Robinson Pte. Co., Mfrs. Robinson'o Legal Blanks, 1824 Stout St., Denver, Coto. Book. 241. Page 274 • TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said party of the 'first part, for hiMlf , his heirs, executors, and administrators, doe S • covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these• presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance, in law, in fee simple, and ha g good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will 'WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the part y of the first part haS hereunto set his hand and seal the day and year first above written. / ///el? Signed,'Sealed and Delivered in the Presence of ATE OF COLORADO County of Garf ie ld rss. foregoing instrument \vas acknowledged before me this day of April A. D. 19. 49 ;by* IIARALD PArST My commission expires CQ t. - • F • , 19.E 0 . Witness' my hand and official seal. [SEAL] [SEAL1 • [SEAL] otary Public. •If by natural person or persons hero insert name or names; If by persons acting in representative or official capacity or no attorney. in -fact, then insert name of person as executor. attorney -0n -fact or other capacity or description; if by officer of corporation, thea insert name of such officer or officers, as the president,or other officers of such corporation, naming it. • 0 0 0 ul U A A to - co w 8 s• 0 3 0 T ''ook 335 ;`age 572 Flied for record tho------__..-_---day of-- Au------- ---_, A. D. 19-- 1., at - Reception No. 214.679 3:25 P o'clock_ --_M. Chas. S. Keegan _RECORDER • Xbit .eeb, Made this 1St day of August in the year of our Lord one thousand nine hundred and sixty—one between CAM SQUIRES and ANNA K. SQUIRES Garfield KENNETH D. ELLIOTT and MARGARET T. ELLIOTT of the County of and State of Colorado, o£ the first part, and of the County of Garfield and State of Colorado, of the second part; Witnesseth, That the said part iesof the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, zl's, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lots or parcel s of Iand, situate, lying and being in the County of Garfield and State of Colorado, to -wit: All of Lots numbered 17 to 29, both inclusive, and the South Half of even width of Lot numbered 30, all in Block numbered 9, in the Townsite of Cooperton; Also, all of that portion of the alley through said Block 9 lying adjacent to, and immediately to the east of, the above lots. Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest claim and demand whatsoever of the said part iesf the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their asst s and the heirs and assigns of such survivor forever. And the said parties of the first part, for then ei ve ears, executors, and administrators, do Icovenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents,they arP well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasable estate of inheritance, in law, in fee simple, and have good right, full power and Iawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, excepting taxes for the year 1961, which taxes shall be apportioned between the parties hereto as of this date; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said part res of the first part ha ve hereunto set their hand S and scab the day and year first above written. Signed, Sealed and Delivered in the Presence of } • ..i,tuUuHrh:., STATE OF COLORADO, County of C%arlie141 }ss. f The foregoing instrument was acknowl- edged before me this day of ,August by CAM.S.QIIIR ,.S...and..ANNA.K...S.QUI ''isS., ,19..61..., Witness my hand and official sgal. - •:�e - My commission expires .Tl� n_-/3, /963. *If acting in anewor representative capacity, insert name and ALPO office or capacity and fkroor h Pubicry acting. 600-B-P—Rerleed WARRANTY DEED TO JOINT TENANTS—pint Week Printinff and Stationery Co., Colorado Sprinse, Colo. i moo_ SEP 1979 Recorded at �y�1 o'clock M., (MK 535 f, E296 Reception No. 297598 .:e_,,, La, a0, Recorder. a geed KNOW ALL MEN BY THESE PRESENTS THAT WEST CARBONDALE ASSOCIATES First Party c/o Jeffrey M. Bier P.O. Box 671 P.O. Box or Street Address Carbondale, City CO State 81623 Zip *El husband and wife ❑ single person ❑ a Colorado Corporation O a Partnership a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and conveys to KENNETH D. ELLIOTT and MARGARET T_ RT,T,TCTT *0 individually Second Party El joint tenancy 0038 Pine • St'xeet — Satank 0 tenancy in common P.O. Box or Street Address 0 a Colorado Corporation Carbondale, - CO 81623 0 a Partnership City State Zip 0 a Limited Partnership the following described property in the County of Garfield and State of Colorado: Lots C, 17 through 29, both inclusive, and the 81 of even width of Lot 30, all in Block 9 of the Townsite of Coopertown, according to the Amended Plat thereof recorded in the office of the Clerk and Recorder of said County as Doc. No. 280258, Together with all improvements situate thereon and all ditch, well and water rights appurtenant thereto includ- ing, but without warranty, the Elliott. Well, with all improvements, easements, ditches, water rights, appurtenances and privileges now or hereafter belonging to, used upon or in connection therewith, forever. SUBJECT TO AND PROVIDED, ALWAYS, that these presents are upon the express condition — that if the first party shall pay or cause to be paid to the second party the sum of $75 , nnn nn according to the terms and effect of that certain promissory note, bearing even date herewith, made, executed and delivered by the first party, and payable to second party, together with interest thereon at the rate of 9 per cent per annum, which principal, interest and other charges, if any, are payable as in said note provided and, if not sooner paid, the entire balance shall be due and payable Sempt-ember I'7 . 1989 AND PROVIDED FURTHER, that if first party shall well and truly perform all of the covenants, con- ditions. agreements and promises herein contained, and as contained in said promissory note, including the payment of all sums therein and herein required to be paid, then these presents shall be NULL AND VOID, otherwise to remain in full force and effect. First party covenants and agrees with second party as follows: 1. • First party owns said premises in fee simple and has good right and lawful authority to sell and convey the same and warrants that title to said premises is free and clear of all lions and encumbrances, except general property tuxes of a current nature. U.S. patent re• :ervations and exceptions. easements and rights of way of a public or private nature. planning. zoning and other governmental rules and regulations. and prior mineral reservations and exceptions. if any. PETRE, ZIMMERMAN & SHELTON P.C. — Form 5 BOOK • 535:.encE297 . • .. ,.2: First partyshall keep all buildings now or hereafter erected upon said premises insured against loss or damage by lire, with' extended coverage endorsementsi.in a duly licensed. company or companies for the maximum insurable value thereof, not to exceed. the. "amount of sditl'indebtedness, With.a loss payable clause therein designating the second party.as an additional insured•and payable as the respective interests.mayappear, and first party shall deliver policies of such Insurance to the second party, together with evidence of ment of premiums due, thereon. and in the • event an insuror elects to`pay a loss under thep oticyin cash, rather than to repair, rebuild or replace the property lost or•damaged, second party shall have the option to apply the proceeds of suchm cash settleent against the indebt• edness secuiod4tereby. ' :, .. . .3.• .'First party shall pay all special assessments and. real property taxes levied and assessed against said properly before the same shall becomedelinquent.• '. 4. .First party shall pay all amounts due for principal and interest, or otherwise, on any prtor..encumbrance against said property. 5. • First party shall properly keep and maintain all improvements situated upon said prernises and shall not suffer any act to be done whereby the value of said premises shall be impaired, nor shall first party commit or allow -waste to be committe.j upon said premises. . 6. First party hereby waives and releases all rights or claims to said real property as a homestead exernption or other exemptions by law. ITIS EXPRESSLY COVENANTED AND AGREED that if first party shall fail to make any payments of principal and' interest due hereunder or shall fail to pay the taxes or shall fail to keep said premises insured or shall in any other.'manner fail to keep or perform any of the terms and conditions as herein provided or as provided in said promissory note to be kept and performed by said first party, such failure shall constitute a default hereunder, IT IS FURTHER EXPRESSLY COVENANTED AND AGREED that in the event of any such default, the second party may remedy a default in the payment of taxes or maintaining of insurance and any monies so expended by second party, with interest at twelve per cent per annum, shall constitute additional indebtedness of first party secured by this mortgage, and shall be due and•collectibie at once from the first party. and any such additional indebtedness shall be included in any judgment or decree in any foreclosure of this mortgage. IT IS FURTHER EXPRESSLY COVENANTED AND AGREED that in the event of such default, and at second party's election, the remaining unpaid balance on said note and all other sums due hereunder may be declared due and collectible at once: that notice of such election to the first party is hereby waived and, in this event, the second party may proceed to foreclose this mortgage for purposes of satisfying and paying the entire indebtedness secured hereby, together with interest thereon and all sums advanced hereunder, together with interest on such advancements as herein provided, all of which shall be included in the judgment or decree in such foreclosure action. In the event suit is brought to foreclose this mortgage, the first party agrees to pay an attorney's fee as provided in said promissory note, or if not therein provided, a reasonable attorney's fee therefor, which shall be included in such judgment or decree. IT IS FURTHER EXPRESSLY COVENANTED AND AGREED that in the event any action or suit shall be commenced involving this mortgage or the property covered hereunder, in which second party shall be either a party plaintiff or defendant, the first party agrees to pay to second party a reasonable attorney's fee in connection therewith, together with any and all costs of such suit, and such sum shall be an additional lien upon said premises and, in case of foreclosure of this mortgage, shall be included in any such judgment or decree. IT IS FURTHER EXPRESSLY COVENANTED AND AGREED that in the event of any default whereby the right of foreclosure here. under occurs, second party shall be entitled to the immediate possession, use and enjoyment of said premises and to the rents, issues and profits thereof during the pendency of any foreclosure proceeding and period of redemption, if any there be. and any such possession shall at once be delivered by first party to second party and, upon refusal, delivery of such possession may be enforced by the second party in any foreclosure proceedings and the second party shall be entitled to have a Receiver appointed for said property, and for the rents, issues and profits thereof, after any such default, including the time covered by foreclosure proceeding and the period of redemption, if any, and shall be entitled thereto as a matter of right, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, and without notice — notice being hereby expressly waived — and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of all indebtedness secured hereby, according to law and the orders and directions of the Court. Singular Shall include plural as context requires. Reference to any party shall include heirs, personal representatives, successors or assigns. SIGNED this / 75 day of September STATE OF COLORADO ) sCOUNTY OF GARFIELD ' ss. (Ryij9• hg�foragoing instrument was acknowledged before me this 17.7 day of September c'�•9 by`�;.�. 0ffrey M. Bier, as general • partner of WEST CARBONDALE ASSOCIATES';: a limited partnership. Witrjei yc and and official seal. n l .. My cam' ion expires: 9 - 22- 79 1 NOTE.,,,h,t„'mss`. 'Mark applicable Square with x , A.D. 19i2_, WEST CARBONDALE ASSOCIATES, a imiterl_ partnprshi By: eneral Partner STATE OF COLORADO N V) C.' Notary Public() O 0 fen t` 47 r --r C. Lt, here in my office this CI 0 > t0 Ah. Recerded o'clock �: "7811.4 1,,1L D:�rD AL„DORF, Recep'�:cn i�Io. WARRANTY -SEP 2 4 1980 BOOK 556 PM3E665 Documentary Fee $ 3 State DEED WEST CARBONDALE ASSOCIATES, a Colorado limited partnership, whose address is P. O. Box D, Carbondale, Colorado, 81623, for the consideration of One Hundred Dollars and other good and valuable considerations, in hand paid, hereby sells and conveys to JODY C. CARDAMONE, whose address is P. O. Box 8777, Aspen, Colorado, 81611, the following real property in the County of Garfield, State of Colorado, to wit: Lots 18, 19, and the South One -Half of Lot 20, Block 9, Amended Plat of the Townsite of Cooperton, with all its appurtenances and warrants title to the same, subject ..to: Any law, ordinance or governmental regulation restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land; Inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area; Right of way for ditches or canals as reserved in United States Patent recorded in Book 51 at Page 70 of the Garfield County records; Right of way for the Rockford Ditch as the same may affect the subject property; General taxes for 1980, due and payable in 1981. L. SIGNED this %1 �- day of _ „-j ,,fir �. , 19:5( WEST CARBONDALE ASSOCIATES, a Colorado limited partnership, By: STATE OF COLORADO ss. COUNTY OF GARFIELD 4 ier, General Partnex The foregoing Warranty Deed was ackhowledged before me this S cH"- day of 5(.1)(x'',. v,_t.q• , 1980, by Jeffrey M. Bier, General Partner of West Carbondale Associates, a Colorado limited partnership..; ;� p Ok Witness my hand and .o'ffzcS;a�l:.se '1. My commission expires: 3% 307812M• SEP 241980 i MlDR O ALSD0R-i, Reception r�o.^G^• WARRANTY DEED anoK..556 ?M E662 nAN i' ry IAAY m:. State Documentary Feed $A WEST CARBONDALE ASSOCIATES, a Colorado limited partnership, whose address is P. O. Box D, Carbondale, Colorado, 81623, for the consideration of One Hundred Dollars and other good and valuable considerations, in hand paid, hereby sells and conveys to THOMAS M. CARDAMONE, whose address is P. O. Box 8777, Aspen, Colorado, 81611, the following real property in the County of Garfield, State of Colorado, to wit: Lot 17 and Lot C, Block 9, Amended Plat of the Townsite of Cooperton, with all its appurtenances and warrants title to the same, subject to: Any law, ordinance or governmental regulation restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land; Inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area; Right of way for ditches or canals as reserved in United States Patent recorded in Book 51 at Page 70 of the Garfield County records; Right of way for the Rockford Ditch as the same may affect the subject property; General taxes for 1980, due and payable in 1981. SIGNED this /94 day of ji ir--,,,,lc L. , 19 gc' WEST CARBONDALE ASSOCIATES, a Colorado limited partnership, STATE OF COLORADO COUNTY OF GARFIELD The foregoing Warranty Deed was acknowledged before me this l: C 14` day of a'(:/Y S2-4. iA�: 1`N , 1980, by Jeffrey M. Bier, General Partner of West Carbondale Associates, a Colorado C/o�. limited partnership. ��• Witness my hand and official seal. v,. .< 4 q u )0 /A, Notary PUbkrig., �0., (,) By: ss. w 11. ieneral Partner My commission expires: ..Reception No, 440900 d % 'l -z-. C����l�� Recorder. Recorded at 44�� o'clock /% M.nt� 5 1992 0 O WARRANTY DEED THIS DEED, Made this 3RD day of NOVEMBER , 1992 , between JODY C. .CARDAMONE of the said County of PITKIN and State of COLORADO , grantor, and JILL SCHEINBAUM whose legal address is p.0. BOX 81 ASPEN, CO 81612 of the said County of PITKIN and State of COLORADO , grantee: WITNESSETII, That the grantor for andin consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted,bargained, sold and conveyed, and by these presents docs grant; bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in thc said County of GARFIELD and State of Colorado described as follows: ALL OF LOTS 18 AND 19 AND THE SOUTH ONE—HALF OF LOT 20 BLOCK 9 TOWNSITE OF COOPERTON, AS AMENDED ACCORDING to the Amended Plat thereof, recorded August 23, 1977 as Reception No. 280258. BUPK 846 P4tit623 GAI tl I aLD ••; :: Doc. Fee NOV 5 1992 Doc. Fee s 2$2 COUNTY OF GARFIELD STATE OF COLORADO as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents; issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of thc grantor, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto thc grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the cnscaiing and delivery of these presents,• tic is well seized of the premises above conveyed, has good, sure, perfect, 'absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions' of whatever kind or nature socvcr, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1992, not yet due or payable. The grantor shall and will WARRANTY AND.FOREVER DEFEND the above -bargained prcmiscs in the quiet and peaceable possession of the grantee, his heirs and assigns; against all and every person or persons lawfully claiming the whole or any part thereof. 'The singular number, shall include the plural, the plural.tho singular, and the usc.of any gender shall.bo applicable to all genders. •IN WITNESS WHEREOF, the grantor has executed this dccd on the date set•forth above. JODY C CARDAMO E BY: THOMAS . CARDAMONE, AS ATTORNEY IN FACT State of COLORADO County of GARFIELD ) ) ss. )' The foregoing instrument was acknowledged before me this 3RD day of NOVEMBER by THOMAS M. CARDAMONE, AS ATTORNEY-IN—FACT FOR JODY C. CARDAMONE My colrisikd.i. cp/J s 1795 !s i. CINDY CI $ i E ; Notary Pub! ,I Nle r: .of Witness my'lhand and offioialseal. 4 &martTalc or GI No.932A WARRANe% 020300 phk Rscord) ,1992 8 tO (N1 cJ Reception No. 44U83.7f jl4.L�,, a Recorded at 41!4-7-. o'clock /� M "—NOV OV 5 1992 Recorder. WARRANTY DEED 1'HIS DEED, Made this 3RD day of NOVEMBER , 1992 , between THOMAS M. CARDAMONE of the said County of PITKIN and State of COLORADO , grantor, and JEROME J. SCHEINBAUM whose legal address is p. O. BOX 81 ASPEN, CO 81612 of the said County of PITKIN and State of COLORADO , grantee: t�. tt ?Doc. Fee Ni OV 5 1992 Doe Free $2 WIINESSETII, That the grantor for and in consideration of the sutra of .Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and convcycd, and by these presents does grant, bargain, sell, convey and confirm, unto the grantcc, his heirs and assigns forever, all the real property together with itnprovcmcnts, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: ALL OF LOT 17 AND C BLOCK 9 TOWNSITE OF COOPERTON, AS AMENDED ACCORDING to the Amended Plat thereof, recorded August 23, 1977 as Reception No. 280258. COUNTY OF GARFIELD STATE OF COLORADO as known by street and number as: TOGETHER with all and singular the hereditaments and nppurtcnanccs thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issucs and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, tither in law or equity, of, in and to the above bargained premises, with the hercdiuuncnts and appurtenances. TO IIAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantcc, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the cnscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature socver, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1992, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantcc, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN W11 ESS WIIEREOF, t - :nom tas executed this decd on the date set forth above. THOMAS M. ARDAMONE ESQ Stat of COLORADO ) Ss. County of GARFIELD The foregoing instrument was acknowledged before me this 3RD day of NOVEMBER ,19 92 , by T, M. CARDAMONE comUrri s'nexpiics Ist 51795 . Witness my hand and official seal. HUQHE8 r 0 ........... F4 Stewart Title or Glenwood Springs - File No. 92020300 No. 932A WARRANTY DEED (For Photographic Record)