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MEMORANDUM OF MYNYNG LEASE <br />STATE: Colorado <br />COUNTY: Delta <br />LESSOR or OWNER: MGMGJ Properties, LLC, a Colorado limited liability <br />company <br />LESSEE or TENANT: Whitewater Building Materials Corporation, a <br />Colorado corporation <br />EFFECTIVE DATE: April 2, 2019 <br />As of the Effective Date stated above, Lessor executed and delivered to Lessee a Mining Lease <br />(the "Lease") in which Lessor granted, leased and let to Lessee the property located in Delta <br />County, Colorado (the "Property") described as follows: <br />The N% NW'/4, Section 9, T 15 S, R 95 W, 6'b Principal Meridian, <br />EXCEPTING therefrom that certain parcel of land described by the instrument recorded <br />in the public records in and for Delta County, Colorado in Book 145 at Page 202, having <br />been previously described as the East twenty five feet (25') of the 0/z NE'/4 NW'/4 of said <br />Section 9 which is further described as follows: <br />Beginning at the Northeast corner of the said E'/z NE'/4 NW %4 (the 114 corner common to <br />Section 4 of said T 15 S, R 95 W and said Section 9); thence on the East line of the said <br />E% NE%4 NW'/4 S 00° 09' 11" W, 1325.80 feet to the Southeast corner of the said E%z <br />NE'/4 NW'/4 (the Center North 1116 comer of said Section 9); thence on the South line of <br />the said E% NE'/4 NW'/4 N 890 53' 31" W, 25.00 feet; thence parallel with the said East <br />line N 00° 09' 11" E, 1325.76 feet to the North line of the said E% NE'/4 NW'/4; thence <br />on the said North line N 89° 58' 57" E, 25.00 feet to the point of beginning. <br />The primary term of the Lease is from the Effective Date through April 1, 2029. <br />The Lease grants to Lessee the following: <br />1. the exclusive right to develop, mine, produce, remove, process, stockpile and market <br />all sand, gravel, rock, stone and soil (except for topsoil required for reclamation of the <br />Property) 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 capable of being recycled into and resold as <br />construction aggregates ("Products"), including without limitation inert sand and <br />gravel materials, asphalt and concrete; <br />3. The exclusive right to produce Products in one or more areas of the Property <br />approved by Lessor; and <br />Page 1 of 3 <br />