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RECEIVED <br /> JUL 0 7 2016 <br /> Division of matio <br /> Mining& t AND AND GRAVEL MINING LEASE <br /> SaSafety <br /> THP SAND AND GRAVEL MINING LEASE ("this Lease") is made and entered into <br /> this t day of July, 2016 (the "Effective Date"), by and between GP Aggregates, LLC, <br /> A Colorado Limited Company ("Lessor") and Prowers Aggregate Operators, LLC, a Colorado <br /> Limited Liability Company("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, more <br /> particularly described in Exhibit A hereto (the "Leased Premises" or the "Premises"), for the <br /> purpose of sampling, drilling and testing for, excavating, removing, crushing and selling sand <br /> and gravel, top soil, overburden, rocks and boulders ("Sand and Gravel") from the Premises, and <br /> for crushing, screening, washing and other processing of Sand and Gravel and related products <br /> excavated from the Premises, to the full extent authorized and subject to the other terms of this <br /> Lease and any applicable Permits, including the permits listed on Exhibit B attached hereto <br /> ("Permits"). Lessee has examined and inspected the Premises and that the same are in <br /> satisfactory condition which Lessee accepts in their "AS IS" condition. Lessor has made no <br /> representations or warranties regarding the condition of the Premises and in no event shall Lessor <br /> be liable 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 Lease: <br /> a. The right to stockpile Sand and Gravel, and other properly manifested, logged and <br /> tracked earth materials not originating on the Premises, on the Premises, and to use the Premises <br /> for related purposes such as processing plants, scale houses, crushing, screening, and washing <br /> plants, asphalt or similar plants, and storage of related equipment, within the limits of the <br /> Permits. <br /> b. A non-exclusive right of access to and from and ingress and/or egress on, over <br /> and across Lessor's Property and to and from the public road via a CDOT access and roadway <br /> crossing neighboring property(s) to Lessor's Property. Lessor shall have the right to alter such <br /> accesses and the locations of ingress and/or egress points during the term of the Lease. Lessor <br /> ACTIVE 4 1147961 v l 07/06/2016 <br />