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200611329 Tract B of the Leisinger Property; and (ii) providing Grantee with all documentation of such actions; (v) The gravity well on Tract A of the Leisinger Property shall be used solely to gravity irrigate a portion of the north side of Tract A of the Leisinger Property, and shall not be used for irrigating any portion of Tract B of the Leisinger Property; (vi) The small pit water well currently located on Tract B of the Leisinger Property (the "Pond Well") shall be used solely to fill the existing small pit used for waterfowl hunting and for livestock watering, and for no other purpose; and (vii) Other than replacing the existing Pond Well with a new pond well of similar size and capacity, the Grantors shall not install or maintain any other wells on Tract B of the Leisinger Property. (c) Easements. Grantors hereby grant to Grantee permanent non-exclusive easements (i) for pedestrian and vehicular ingress, egress and access to the Leisinger Property as is reasonably necessary to access the Water Rights and to monitor Grantors compliance with their covenants and obligations under this Deed and Declaration and (ii) to install, maintain, repair, replace and utilize pumps, pipelines, other equipment and transmission lines for the purpose of exercising and utilizing the Water Rights. (d) Reservations. GRANTORS EXCEPT FROM THIS GRANT AND RESERVE UNTO GRANTORS, all remaining right, title and interest in and to Tract B of the Leisinger Property as "nonirrigated property", with no irrigation being permitted whether by ground water, surface water, or a combination thereof GRANTORS FURTHER EXCEPT FROM THIS GRANT AND RESERVE unto Grantors and their successors and assigns, all remaining right, title and interest in and to the water wells and water supply improvements located on Tract A of the Leisinger Property and the Pond W ell located on Tract B of the Leisinger Property. 3. REPRESENTATIONS AND WARRANTIES. Grantors represent and warrant with Grantee that Grantors: (a) Have, good and merchantable, fee simple title to the Leisinger Property and to the Water Rights, free and clear of all liens, security interests, mortgages, pledges, encumbrances, ditch fees, taxes and assessments, and charges and claims of whatever nature; (b) Have not granted to any person, firm or other entity a right or option to acquire the Water Rights or any part thereof; (c) Are lawfully seised of the Water Rights, subject to all covenants, conditions, restrictions, encumbrances and easements of record and those items identified herein; 3