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9. Recording. This Assignment may be recorded by Assignee in the real <br /> estate records of Grand County, Colorado as evidence that the Lease, which was <br /> recorded in such records on September 8, 2003 at Reception No. 2003-011581, has <br /> been assigned. <br /> 10. Lessor's Acknowledgment of No Default and Release of Morrow & Sons. <br /> Inc. Lessor hereby acknowledges that Lessee Morrow & Sons, Inc. is not in default of <br /> payment of royalties, or any other term or condition of the said Lease. Lessor hereby <br /> releases Morrow&Sons, Inc. from all obligations of whatever nature under said Lease. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Assignment as <br /> of the date first above set forth. <br /> ASSIGNOR: <br /> MORROW&SONS, INC. <br /> a Colorado corporation, <br /> d/b/a Fraser Valley Gravel, Ltd. <br /> Robert L. Morrow,' President <br /> ASSIGNEE: <br /> EVERIST MATERIALS, LLC <br /> a South Dakota limited liability company <br /> By: <br /> Greg N6rvhicg, President <br /> LESSOR: <br /> MUI�PHY MINING & MINERALS, LLC <br /> a Colorado limited liability company <br /> By: <br /> Leigh Murphy, Manager/Member <br /> 3 <br /> 5673.11.Assignment&Assumption of Lease 02-07-14.docx <br />