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<br />SAND AND GRAVEL MINING LEASE
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<br />Olv}slon of Reclamation,
<br />Mi in9 & s -YWS SAND AND GRAVEL MINING LEASE ( "this Lease ") is made and entered into
<br />talus_ day of , 2014 and effective as of the day of , 2014 (the
<br />"Effective Date "), by and between GP Aggregates, LLC, A Colorado Limited Liability Company
<br />( "Lessor ") and Crossfire Aggregate Services, LLC, a Colorado Limited Liability Company
<br />( "Lessee ").
<br />Recitals
<br />Lessor owns certain real property in Prowers County, Colorado, as more particularly
<br />described in Exhibit A hereto and incorporated by reference, for the purpose of mining, removal
<br />and processing of sand and gravel, top soil, overburden, rocks and boulders ( "Sand and Gravel "),
<br />and for related purposes ( "Lessor's Property" or the "Property "). Lessor desires to lease to
<br />Tenant and Tenant desires to lease from Lessor Lessor's Property and related rights for the
<br />purpose of sand and gravel aggregate extraction and processing and certain other operations
<br />thereon.
<br />Lease Agreement
<br />NOW THEREFORE, for and in consideration of the royalties to be paid hereunder and
<br />the mutual covenants and agreements set forth herein, the parties agree as follows:
<br />1. Lease of Premises. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor,
<br />upon the terms and conditions hereinafter set forth that portion of Lessor's Property,
<br />more particularly described in Exhibit A hereto (the "Leased Premises" or `the
<br />"Premises "), for the purpose of sampling, drilling and testing for, excavating, removing,
<br />crushing and selling sand and gravel, top soil, overburden, rocks and boulders ( "Sand and y
<br />Gravel ") from the Premises, and for crushing, screening, washing and other processing of
<br />Sand and Gravel- and related products excavated from the Premises, to the full extent
<br />authorized and subject to the other terms of this Lease and any applicable Permits,
<br />including the permits listed on Exhibit B attached hereto ( "Permits "). Lessee has
<br />examined and inspected the Premises and that the same are in satisfactory condition
<br />which Lessee accepts in their "AS IS" condition. Lessor has made no representations or
<br />warranties regarding the condition of the Premises and in no event shall Lessor be liable
<br />for any defect in the Premises.
<br />2. Included Rights. Included in the rights granted Lessee hereunder are the following rights.
<br />To the extent permitted by applicable government regulations, during the term of this
<br />Lease:
<br />a. The exclusive right to stockpile Sand and Gravel, and other properly
<br />manifested, logged and tracked earth materials not originating on the
<br />Premises, on the Premises, and to use the Premises for related purposes
<br />such as processing plants, scale houses, crushing, screening, and washing
<br />
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