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EASEMENT DEED AND AGREEMENT
<br /> BONDS FAMILY PARTNERSHIP,LLLP and BONDS BROTHERS,LLC,whose legal
<br /> address is 3437 Hwy 550,Durango,Colorado 81301 (collectively"Grantor"),for good and valuable
<br /> consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, does
<br /> hereby sell,convey,and quitclaim unto CROSSFIRE AGGREGATE SERVICES,LLC,whose
<br /> legal address is 820 Airport Road, Durango, Colorado 81301 ("Grantee") and Grantee's heirs,
<br /> successors, assigns, and personal representatives, an access easement (the"Easement") over and
<br /> across Grantor's real property in La Plata County,Colorado lying within the SE 1/4 Sec. 36,T33N,
<br /> RIOW,N.M.P.M.and the NE'/4 Sec. 1,T32N,Rl OW,N.M.P.M.The exact location of the Easement
<br /> is more particularly described on Exhibit A,attached hereto and by this reference incorporated herein
<br /> and made a part hereof.
<br /> Grantee, at Grantee's expense, shall have the right to operate, use, maintain, and repair a
<br /> driveway within the Easement for access to and from the property subject to that certain Sand and
<br /> Gravel Lease described on Exhibit B,attached hereto and by this reference incorporated herein and
<br /> made a part hereof.
<br /> ("Grantee's Lease").
<br /> The Easement shall be an easement appurtenant to Grantee's Lease, and shall inure to the
<br /> benefit of Grantee's heirs,successors,assigns,and personal representatives,subject to the conditions
<br /> set forth herein.
<br /> All costs associated with the Easement, including surveying, construction, repair,
<br /> maintenance, and snow removal, shall be borne by Grantee; and Grantee shall and does hereby
<br /> indemnify and save Grantor harmless from all claims for damages or liens arising from the operation,
<br /> use, surveying, construction, repair, maintenance, and snow plowing by Grantee on or over the
<br /> Easement.
<br /> It is understood that the Grantee or its assigns may use this easement for the purpose of
<br /> transporting sand,gravel,concrete,and related products that will be mined or manufactured and then
<br /> removed from the Grantor's property.
<br /> Grantee's use of the Easement shall not be exclusive, and Grantor and Grantor's heirs,
<br /> successors,assigns,personal representatives,guests,and invitees shall have an equal right to the use
<br /> of the Easement,but without interference with Grantee's use thereof,and subject to the proviso that
<br /> any increased costs of repair and maintenance caused by such use shall be borne by the party using
<br /> the Easement.
<br /> This Easement grant is without warranty of title and is subject to all prior liens,
<br /> encumbrances,easements,restrictions,reservations,and rights of way affecting Grantor's property.
<br /> IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Deed and
<br /> Agreement this 29 day of ii,e . ,2014.
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