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ASSIGNMENT OF <br /> KAGIE GRAVEL PIT <br /> This ASSIGNMENT OF KAGIE GRAVEL PIT("Assignment")is made this_day of <br /> ,2023 ("Effective Date"),by Cross Mountain Ranch Limited Partnership, a <br /> California limited partnership,whose street address is PO Box 458, Santa Barbara, CA 93102 <br /> ("Assignor"),and West Fish Creek Ranch,LLC a Texas limited liability company whose street <br /> address is 3108 Harvard Ct.,Plano,Texas 75093 ("Assignee")(together,the"Parties"). <br /> WHEREAS,Assignor is the owner and operator of the Kagie Gravel Pit,which is located <br /> in a portion of the NEl/4SWl/4 Section 29,T4N,R87W, 6th P.M.,Routt County, Colorado and <br /> is permitted with the Colorado Division of Reclamation,Mining, & Safety("DRMS")under <br /> Permit No.M-1979-102("Gravel Pit"); and,upon information and belief,there are no active <br /> Routt County permits currently applicable to the Gravel Pit; <br /> WHEREAS,pursuant to that certain December 13,2022 Contract to Buy and Sell Real <br /> Estate together with the related Addendum between the Parties,Assignee intends to purchase <br /> that certain real property owned by Assignor known as the Fish Creek Ranch,located in <br /> Sections 28, 29,30, 31, and 32,T4N,R87W, 6d P.M. in Routt County,Colorado("Contract"); <br /> WHEREAS,pending successful closing of the Contract,Assignor intends to convey the <br /> Gravel Pit and all of Assignor's interests in and to the Gravel Pit to Assignee and Assignee <br /> intends to assume all of Assignor's interests in and to the Gravel Pit from Assignor,together <br /> with all of Assignor's liabilities and responsibilities related to the Gravel Pit. <br /> NOW THEREFORE,in consideration of the mutual agreements,benefits, and <br /> obligations provided for in this Assignment, and subject to the terms and conditions set forth <br /> herein,the Parties hereby agree as follows: <br /> 1. Assignor hereby assigns and transfers, WITHOUT RECOURSE,to Assignee,any and all <br /> interests in the Gravel Pit,including but not limited to the current bond of$24,159.00 <br /> held by DRMS,to Assignee. <br /> 2. Assignor shall also cooperate with Assignee to execute such documents as are necessary <br /> and required by DRMS including but not limited to the Request for Transfer of Mineral <br /> Permit and Succession of Operators Application Packet,together with any other <br /> documents or forms required to accomplish the transfer of the permit for the Gravel Pit. <br /> 3. Assignee shall only assume all of Assignor's interests,rights, liabilities, and <br /> responsibilities for the Gravel Pit and pursuant to DRMS Permit No.M-1979-102 upon <br /> both the successful closing of the Contract and the successful transfer of DRMS Permit <br /> No.M-1979-102. <br /> AFTER RECORDING PLEASE RETURN TO: Page 1 of 2 <br /> HOLSINGER Law,LLC <br /> 1800 GLENARM PLACE,SUITE 500 <br /> DENvER,CO 80202 <br />