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rP4 1 6911n <br />ItA 14,?3 -013 <br />RIGHT-TO-ENTER AGREEMENT <br />RECE1 Y -2,, <br />APR 22 201a, <br />DMSION OF RECLAMA , <br />MINING AND SAFET <br />This agreement is entered into between Thomas F. Latham, Mary Frances Wagoner, and Estate of <br />Charles Harvey Latham to Traci Latham Rohrig and David K. Latham (assignment of only the Estate of Charles <br />H. Latham's interest), (the "Landowner") and Oldcastle SW Group, Inc., (the "Operator, ") and is effective as of <br />the date of last signature. <br />Whereas the Operator has applied for or holds a Reclamation Permit for Latham - Burkett Pit, Permit <br />No. M 1983 -013, and <br />Whereas the Operator is required, by the State of Colorado Division of Reclamation, Mining and <br />Safety ( "Division ") in accordance with construction Materials Rule 6.3.7, as the Applicant for a reclamation <br />permit for extraction (mining) of construction materials, to provide a description of the basis for legal right of <br />entry to the site and to conduct mining and reclamation, which may be done in the form of a signed statement <br />by the Landowner and acknowledged by a Notary Public, and <br />Whereas, the Site is located within Mesa County and is described within Exhibit A of the Reclamation <br />Permit Application for Latham - Burkett Pit, Permit No. M- 1983 -013, and Landowner is the recorded owner of <br />the Site. <br />CERTIFICATION OF PROPERTY OWNER <br />Therefore, the Landowner, Thomas Latham, Mary Frances Wagoner, and Estate of Charles Harvey <br />Latham to Traci Latham Rohrig and David K. Latham (assignees of only the Estate of Charles H. Latham's <br />interest), does hereby certify that the Operator has the right of entry to the Site as described above and to <br />conduct mining and reclamation on the Site. <br />This agreement may be executed in one or more counterparts, each of which shall be deemed an <br />original and all of which together shall constitute one and the same agreement. <br />ASSIGNEE _ OF ESTATE OF CHARLES LATHAM <br />By: 1 " <br />Traki Latham ohrig, distributee <br />By: <br />David K. Latham, distributee <br />Thomas F. Latham <br />Mary Frances Wagoner <br />