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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 Lessee, <br />respectively, for all the provisions of the Lease, and by this reference the same are incorporated <br />and made a part of this Memorandum of Mining Lease as though fully set forth herein. <br />This Memorandum of Mining Lease is executed by the Lessor and Lessee and may be placed of <br />record in Delta County, Colorado for the purpose of placing all persons on notice of the <br />existence of the Lease, which is not, at the request of both parties, being 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 counterparts, and by <br />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 />LESSOR/OWNER: <br />MGMGJ PROPERTIES, LLC, a Colorado <br />limited liability company <br />LESSEE/TENANT: <br />WHITEWATER BUILDING MATERIALS <br />CORPORATION, a Colorado corporation <br />2 <br />Mark A. Gardner, Member Rheda Maslyk, Treas <br />ORAN <br />STATE OF COLORADO ) REB OTARJPUBLIC <br />)ss. STATE OF COLORADO <br />COUNTY OF MESA } NOTARY ID #20034002777 <br />My Commission Expires January 24, 2023 <br />The foregoing agreement was acknowledged before me they day of <br />2019, by Mark A. Gardner, Member of MGMGJ Properties, LLC. <br />WITNESS my hand and official seal. <br />My Commission Expires: /,�A�? <br />Page 2 of 3 <br />otary Publfc <br />