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918623 Pages: 1 of 3 <br /> c 06/02/2014 03:48 PM R Fee:$21.00 <br /> Katie E. Barr, Clerk and Recorder, Fremont County, CO i <br /> â– III IF.11127IRLICIPIM itVV1.9Wlimb 11111 <br /> NOTICE <br /> WHEELAGE AGREEMENT,BUSINESS LEASE AGREEMENT AND <br /> ROYALTY AGREEMENT ACKNOWLEDGMENT <br /> On June 1, 1992,Red Canyon,LLC,a Colorado Limited Liability Company <br /> (hereinafter referred to as"Red Canyon")and Sierra-Delta,LLC, a Colorado Limited Liability <br /> Company(hereinafter referred to as"Sierra-Delta")entered into an exclusive Quarry Royalty <br /> Agreement with Rocky Mountain Materials and Asphalt, Inc., a Colorado Corporation <br /> (hereinafter referred to as"Rocky Mountain")whose address is 1910 Rand Avenue,Colorado <br /> Springs, Colorado 80905 for quarrying and mining on the property described therein. On this <br /> date, Sierra-Delta the current owner and Rocky Mountain modified and extended such <br /> Agreement to include the property described in Exhibit A hereinafter referred to as the <br /> "Premises." <br /> On this date Red Canyon and Sierra-Delta entered into an exclusive Wheelage <br /> Agreement with Rocky Mountain,the purpose of which is to allow the exclusive transportation <br /> of rock,minerals and natural resources across the property described in Exhibit A. The <br /> Wheelage Agreement also provides for stockpiling and crushing as well as other functions on the <br /> Premises necessary and incidental to quarrying the adjacent property. <br /> Sierra-Delta and Rocky Mountain also entered into a Business Lease Agreement on June <br /> 1, 1992 and modified on this date to include the Premises described in Exhibit A. The purpose <br /> of the Business Lease Agreement is to allow for the purpose of the Royalty Agreement and <br /> Wheelage Agreement to be accomplished. <br /> The terms and conditions of the Royalty Agreement,Business Lease Agreement and <br /> Wheelage Agreement and all Amendments thereto are incorporated into this Notice of the <br /> exclusive rights of Rocky Mountain Materials and Asphalt,Inc.to mine and quarry the Premises <br /> as well as the exclusive right to transfer and stockpile rock,minerals and natural resources <br /> across the Premises for the life of the mine. These Agreements"run with the land." <br /> The Agreements and all Addendums and Modifications can be viewed at the offices of Rocky <br /> Mountain Materials and Asphalt, Inc. as stated above. <br /> Any transfer or assignment of the Premises described in Exhibit A attached hereto <br /> or any encumbrance that may be placed upon the Premises or any part thereof,either by contract <br /> or operation of law shall be subordinated to the Quarry Royalty Agreement,Wheelage <br /> Agreement and Business Lease Agreement stated herein. <br /> RED CANYON LIMITED LIABILITY COMPANY <br /> By: L "doQL Dated: ts-wx ixf <br /> Kelly Ann Stack,Manger <br />