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M I q f -to <br />RATIFICATION AND CONSENT <br />TO; WESTERN AGGREGATES, INC. <br />AND TO: TEXAS INDUSTRIES, INC. <br />RE: Mining Lease dated January 14, 1987, as amended, between Margaret M. Hogan, <br />Edward G. Hogan, William J. Hogan and Joann T. Sharp, as lessors (collectively, <br />"Lessors "), and Western Aggregates, Inc., as lessee ( "Western Aggregates ") by <br />virtue of the assignment thereof from Cliffs Engineering, Inc, to L. C. Holdings, <br />Inc., and from L C. Holdings, Inc. to Western Aggregates; <br />AND: <br />Lease with Option, dated April 21,1994, as amended, between Lessors and <br />Western Aggregates; <br />AND: <br />Water Supply System Use and Water Sale Agreement, dated March 11, 1988, as <br />amended, between Lessors and Western Aggregates by virtue of the assignment <br />thereof from L. C. Holdings to Western Aggregates; <br />AND: <br />Supplemental Water Agreement, dated October 9, 1997, between Margaret M. <br />Hogan by Edward G. Hogan as personal representative, Edward G. Hogan, <br />William J, Hogan and Joann T. Sharp, Western Aggregates and American <br />Contract Miners, Inc. ( "American Contract Miners "); <br />§M1 <br />Easement Agreement, dated October 9, 1997, between Margaret M. Hogan by <br />Edward G. Hogan as personal representative, Edward G. Hogan, William J. <br />Hogan and Joann T. Sharp, Western Aggregates and American Contract Miners <br />(collectively, the "Hogan Agreements "). <br />(1) The undersigned Lessor confirms that Western Aggregates has made all <br />payments and performed all covenants and obligations imposed on Western Aggregates by each <br />of the Hogan Agreements and is not in default under any of the Hogan Agreements, that no <br />notice of default has been issued to Western Aggregates under any of the Hogan Agreements, <br />