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ASSIGNMENT AND ASSUMPTION OF RECEIVED
<br /> SAND AND GRAVEL LEASE
<br /> AND CONSENT OF LESSOR JUL 0 8 2014
<br /> g,n of Reafamation.
<br /> This Assignment and Assumption of Sand and Gravel Lease and A
<br /> Lessor (herein "Assignment") is made and entered into as of the l4 day of February,
<br /> 2014 (herein "Effective Date"), by and between MORROW & SONS, INC., a Colorado
<br /> corporation, doing business as Fraser Valley Gravel, Ltd. (herein "Assignor's and
<br /> EVERIST MATERIALS, LLC; a South Dakota limited liability company authorized to do
<br /> business in Colorado (herein "Assignee"), and is consented to by MURPHY MINING
<br /> AND MINERALS, LLC, a Colorado limited liability company(herein "Lessor").
<br /> WITNESSETH:
<br /> WHEREAS, Lessor and Assignor entered into the Sand and Gravel Lease on
<br /> September 5, 2003 (herein the"Lease")for the property described as:
<br /> A parcel of land in the SW % of Section 12, Township 1 South, Range 76
<br /> West of the 6t' P.M. located east of Crooked Creek, containing
<br /> approximately 120 acres, together with sufficient water rights in Crooked
<br /> Creek for Lessee's operations, and together with access from County
<br /> Road 505 to subject property, all being located in Grand County,
<br /> Colorado.
<br /> (herein the "Premises"); and
<br /> WHEREAS, the Lease also included the exclusive use by Assignor, for the
<br /> purpose of excavating and mining gravel on the Premises, of the following described
<br /> water rights in Grand County, Colorado:
<br /> A spring and four ponds located in the SW % of Section 12, Township 1
<br /> South, Range 76 West of the 6t' P.M., for which the spring is more
<br /> particularly set forth in Judgment and Decree in District Court, Water
<br /> Division No. 5, State of Colorado, dated April 21, 1997 in Case No. 95 CW
<br /> 222.
<br /> (herein the"Water Rights"); and
<br /> WHEREAS, Assignor, as Lessee under the Lease, now wishes to assign the
<br /> Lease to Assignee, and Assignee wishes to assume the Lease, the benefits thereof,
<br /> and all obligations arising thereunder, as of the date of this Assignment; and
<br /> WHEREAS, Landlord is willing to consent to the assumption of the Lease by
<br /> Assignee pursuant to the terms and conditions hereof.
<br /> NOW, THEREFORE, for good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged by each of the parties hereto, which
<br /> RECEPTION#: 2014000741, 02/11/2014 at
<br /> 03:63:26 PM,
<br /> 1 of 4, R $26.00,Additional Names Fee:
<br /> Doc Code:ASSN
<br /> Sara L. Rosene, Grand County Clerk,
<br /> Colorado
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