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r _ I <br /> e . ■N <br /> agent mutually agreeable to the parties, to be held as security <br /> until payment in full by Buyer. The parties agree to approve <br /> escrow instructions in the form attached herein and incorporated <br /> herein by this reference. <br /> 8. Closing shall be held at a mutually agreeable time <br /> within thirty (30) days of execution of this agreement by the <br /> parties. Closing shall be held in Louisville, Colorado unless <br /> the parties agree to other arrangements. <br /> 5. As further consideration for entering this agreement, a <br /> Sellers agree to convey to Buyer, an exclusive right of way <br /> twenty feet wide, located adjacent to and along the North side of <br /> the County Road which runs east and west approximately parallel <br /> to the bast-West centerline of Section 7, Township 1 North, Range <br /> 68 West of the 6th P.M. , Weld County, Colorado. Said right of ' <br /> way shall extend from the Erie and Coal Creek Ditch (also <br /> sometimes known as the Cottonwood Extension Ditch) westward to <br /> County Line Road on the West line of said Section 7, and shall be <br /> exclusively held by the Seller and the agents of the Office of <br /> the State Engineer or other official responsible for <br /> administration of water rights. The right of way shall be for <br /> the purposes of installation, maintenance, and operation of water <br /> diversion, measurement, recording and transmission facilities for <br /> the purpose of diverting water from said ditch and transporting <br /> the water diverted to Coal Creek and other similar purposes. <br /> Said transmission of water shall be by means of an underground <br /> facility constructed in such a manner as to allow for reasonable <br /> cultivation of the surface. Sellers agree to execute a right of <br /> way deed reasonably consistent with this agreement upon <br /> presentation of such document, at the addresses in Paragraph 10 <br /> hereof. If the right-of-way as described herein is not <br /> acceptable to both parties, Sellers agree to convey to Buyer a <br /> contiguous right-of-way that is acceptable. A legal description <br /> acceptable to both parties shall be delivered at a later date. <br /> -3- <br />