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1. The right to develop, mine, produce, remove, process, stockpile and market all sand, <br /> gravel, rock, stone, and soil (except top soil required for reclamation of the Property) <br /> from the Property; <br /> 2. The non-exclusive right to store on the Property in one or more areas approved by <br /> Lessor non-hazardous materials (together "Recycle Materials") capable of being <br /> recycled into and resold as construction aggregates ("Products"), including without <br /> limitation inert sand and gravel materials, asphalt and concrete; <br /> 3. The exclusive right to produce Products in one or more areas of the Property approved <br /> by Lessor; and <br /> 4. Non-exclusive surface access and use of the Property subject to the conditions and <br /> limitations stated in the Lease <br /> Reference is hereby made to executed copies of the Lease in possession of Lessor and <br /> Lessee, respectively, for all the provisions of the Lease, and by this reference the same are <br /> incorporated and made a part of this Memorandum as though fully set forth. <br /> This Memorandum of Mining Lease is executed by the Lessor and Lessee and may be <br /> placed of record in the County in which the Property in located for the purpose of placing all <br /> persons on notice of the existence of the Lease, which is not, at the request of both parties, being <br /> placed of record. <br /> This Memorandum of Mining Lease is signed by Lessor and Lessee as of the date of the <br /> acknowledgements of their signatures below, but is effective for all purposes as of the Effective <br /> Date stated above. <br /> This Memorandum of Mining Lease may be executed in any number of counter parts, and <br /> by different parties in separate counterparts, each of which shall be deemed to be an original <br /> instrument,but all of which together shall constitute one instrument. <br /> IN WITNESS WHEREOF, this instrument s executed as of the Effective Date written <br /> above. <br /> LESSOR/OWNER: LESSEE: <br /> MGMGJ Properties, LLC, a Colorado WHITEWATER BUILDING MATERIALS <br /> Zite lia ility com any CORPORATION, a Colorado corporation <br /> By.� w <br /> Rebecca Moran, Member Mark Gardner,VIce President <br />