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rjA �A X47 <br />RIGHT-TO-ENTER AGREEMENT <br />This agreement is entered into between Gerber Trust and Gleason Trust (collectively the <br />"Landowner") and Oldcastle SW Group, Inc., (the "Operator, ") and is effective as of the date of last <br />signature. <br />Whereas the Operator has applied for or holds a Reclamation Permit for Sievers Pit, Permit <br />No. M- 1977-098, and <br />Whereas the Operator is required, by the State of Colorado Division of Reclamation, Mining <br />and Safety ( "Division ") in accordance with construction Materials Rule 6.3.7, as the Applicant for a <br />reclamation permit for extraction (mining) of construction materials, to provide a description of the <br />basis for legal right of entry to the site and to conduct mining and reclamation, which may be done in <br />the form of a signed statement by the Landowner and acknowledged by a Notary Public, and <br />Whereas, the Site is located within Garfield County and is described within Exhibit A of the <br />Reclamation Permit Application for Sievers Pit, Permit No. M- 1977 -098, and Landowner is the <br />recorded owner of that Site. <br />CERTIFICATION OF PROPERTY OWNER <br />Therefore, the landowner does hereby certify that the Operator has the right of entry to the <br />Site as described above and to conduct mining and reclamation on the Site. <br />GERBER TRUST <br />BY (signed) <br />Name: is a, Alf-14 <br />Title: <br />GLEASON TRUST <br />By (signed) <br />ame: <br />Title: <br />FEE 094 <br />C vis on of Rer'- mation, <br />Mining & Safety <br />