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<br />Boulder, CO/Mining Lease
<br />ASSIGNMENT AND ASSUMPTION OF LEASE
<br />THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this "Agreement ") is effective
<br />as of the S day of To n e— , 2013 and is entered into by TRINITY MATERIALS, INC.,
<br />a Delaware corporation ( "Assignor ") and TRNLWB, LLC, a Delaware limited liability company
<br />( "Assignee ").
<br />WHEREAS, Assignor desires to assign, and Assignee will assume, the Mining Lease
<br />(Lightweight Aggregate), dated January 14, 1987, as amended by that certain Amendment to
<br />Mining Lease dated February 23, 1988, as affected by that Assignment of Mining Lease with
<br />Reserved Overriding Royalty dated June 24, 1989, as further amended by that certain
<br />Amendment to Lease Agreement dated September 27, 1990, and as further amended by that
<br />Amendment to Mining Lease dated November 30, 2007, with Margaret M. Hogan, Edward G.
<br />Hogan, William J. Hogan and Joann T. Sharp, as Lessor, and Assignor, as Lessee (as amended,
<br />the "Assumed Lease "), related solely to the future performance under the Assumed Lease;
<br />NOW, THERFORE, in consideration of the premises and the mutual covenants and
<br />agreements hereinafter set forth, the Assignee and Assignor hereby agree as follows:
<br />1. Assignment. Assignor hereby assigns, conveys, transfers and delivers to Assignee
<br />all of Assignor's rights, privileges, claims and benefits.
<br />2. Acceptance of Assumed Lease and Assumption of Obligations. Assignee hereby
<br />accepts assignment of the Assumed Lease and agrees to assume all of the obligations of
<br />Assignor.
<br />3. Further Assurances. Assignor hereby covenants and agrees with Assignee, its
<br />successors and assigns, that from time to time after the delivery of this instrument, at
<br />Assignee's request and without further consideration, Assignor will execute and deliver to
<br />Assignee such other and further instruments of transfer, assignment, conveyance and consent
<br />and all such notices, releases, confirmation, powers of attorney, acquittances and other
<br />documents and will do or cause to be done all and every such further act as may be necessary
<br />to transfer, assign and convey to and vest in Assignee all Assignor's rights, privileges, claims
<br />and benefits in, to and under the Assumed Lease hereby conveyed, transferred, assigned and
<br />delivered to Assignee or intended so to be.
<br />4. Governina Law. THIS AGREEMENT SHALL BE CONSTRUED,
<br />PERFORMED AND ENFORCED IN ACCORDANCE WITH THE INTERNAL LAWS OF
<br />THE STATE OF COLORADO.
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