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l <br />m I ° q 1- 00 <br />ACCESS AGREEMENT <br />THIS AGREEMENT ( "Agreement ") is made this '? 1 day of Cyt 64t4 2013 <br />between Hartman Land and Cattle, LLC, a Colorado limited liability company ( "Hartman") with <br />an address of 36540 S Road, Pueblo, Colorado 81006, and Arnold's Custom Seeding, LLC, a <br />Colorado limited liability company ("Arnold's ") 4626 WCR 65, Keenesburg, CO 80643. <br />WHEREAS, Hartman is the present owner and lessee of Sand and Gravel Lease No. 3187, <br />granted by the Colorado State Board of Land Commissioners ( "State Lease "), covering the <br />following lands in Pueblo County, Colorado: <br />Township 21 South, Range 63 West, 6`h P.M. <br />Section 20: E /2SW /4, W /2SE /4, and SW4/NE4 <br />Section 29: NW/4N-E/4 <br />Containing 200.00 acres, more or less (the "Property"); and <br />WHEREAS, the Property is also covered by Permit No. [M- 1997 -087] issued by the <br />Colorado Division of Reclamation Mining and Safety ("Mining Permit "), and currently held by <br />Lafarge North America, Inc., a Delaware corporation ( "Lafarge "); and <br />WHEREAS, Lafarge has extracted certain sand and gravel resources from the Property <br />under the Mining Permit and a sublease with Hartman, which sublease between Hartman and <br />Lafarge is expired; and <br />WHEREAS, Lafarge has joined in this Agreement to acknowledge and hereby does <br />specifically acknowledge that it no longer claims any interest in the Property; and <br />WHEREAS, Arnold's has applied for the transfer of the Mining Permit from Lafarge; and <br />WHEREAS, Arnold's intends to reclaim the Property in accordance with the Mining <br />Permit and all applicable State law and regulations; and <br />WHEREAS, reclamation of the Property in accordance with the Mining Permit and all <br />applicable state law and regulations will benefit both Hartman and Amold's; and <br />NOW, THEREFORE, in consideration of the mutual promises made herein and for other <br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Hartman and Arnold's agree as follows: <br />1. Arnold's will perform reclamation work at the Property in compliance with the <br />Mining Permit and all applicable state laws and regulations. Arnolds' obligations are limited to <br />performance of such reclamation work. <br />2. Hartman hereby grants to Arnold's, as well as its agents and contractors, access to <br />the Property as required for the performance of the reclamation work described herein. Any and <br />all damages to Hartman's property or structures arising as a result of Arnold's reclamation <br />activities will be the sole responsibility of Arnold's. <br />(D0861146.2} <br />