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IIIIIIIIIIIIIIIII I i <br /> 3528507 0111112008 01:27P Weld County, CO <br /> 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder <br /> gas operators for joint surface use, monument of pipelines and well production facilities (or any related <br /> activity), as necessary to protect and maximize the volume of Construction Aggregate Materials that can <br /> be Removed from the Property; and (ix) the right to enter into with Holton any surface use agreement <br /> with oil and gas operators for joint surface use, monument of pipelines and well production facilities (or <br /> any related activity)as necessary to ensure that the maximum volume of Construction Aggregate Material <br /> can be Removed from the Property. <br /> 2. Mining Agreement Term. All rights and interests granted to the Company in the <br /> Mining Agreement shall commence on the Effective Date and terminate on December 31, 2025. <br /> 3. Additional Terms. Information regarding the Mining Agreement can be obtained from <br /> the Parties at the addresses set forth below. <br /> Ready Mixed Concrete Company Holton Family, LLC <br /> 4395 Washington Boulevard 12032 1-lighway 52 <br /> Denver, Colorado 80216 Ft. Lupton, Colorado 80261 <br /> Attn: Bill Timmons Attn: Thomas M. Holton <br /> Phone: 303/292-1771 Phone: 303/857-2446 <br /> 4. Counterparts. This Memorandum may be executed in multiple counterparts each of <br /> which shall be deemed an original, but all of which shall constitute one and the same Memorandum. <br /> IN WITNESS WHEREOF, the Parties have, by their duly authorized representatives, <br /> executed this Memorandum upon the Effective Date. <br /> HOLTON FAMILY,LLC READY MIXED CONCRETE <br /> a Colorado limited liability company COMPANY, a Colorado corporation <br /> l <br /> l <br /> Title: Title: zf, fo <br /> 2 <br />