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ASSIC_x i�IElN1 OI'SA lI3. GRAVEL AND AGGREGATE MINING_LEASE <br /> THIS ASSIGNNIENTOF SAND,GRAVU. AN ) AGGREGATE MINING LEASE <br /> is made as of February 17, 201, ("Effective Date")INN and aniong BERNIIARDF FARMS, I.I.C. <br /> ('"Land)ord"); HALLARNVIN CORPORA-FION. Colorado corporation ("Assignor"). and <br /> Fil_STWAY CONC:Rl TE,COMPANY, a Colorado corporation ('`Assignee") <br /> WHEREAS, Assignor is the 'tenant under a Sand, Gravel and Aggregate Mining tease <br /> dated May I, 2002, which has been preN iously amended by the First Amendment to Sand, Gra�,ei <br /> and Aggregate Mining Lease dated January 24. 2003 and by the Second Amendment to Sand, <br /> Gravel and Aggregate-relining Lease dated May 1,2003 (collectively,the'-Lease"), <br /> AND WHEREAS. Landlord is the successor to the"Landlord"identified in the lease; <br /> AIND WHEREAS, in recent years, Bestway Conerete Company has been the operator of <br /> the gravel aline on the"Property" identif ied in the Lease(described on the attached Exhibit A); <br /> AND WHEREAS. the parties desire to formally assign Tenant's rights and obligations <br /> under the Lease to Bestway, and Bestway has agreed to accept assignment and delegation of, and <br /> assume responsibility for discharging, all of the Assignor's duties:under the Lease. <br /> NOW, THEREFORE, in consideration of the premises and the representations, <br /> warranties and agreements herein contained, and for other good and valuable consideration, the <br /> receipt and sufficiency of which are hereby acknow1cciged,the Parties agree as follows: <br /> I. FULL FORCE AND EFFECT <br /> Landlord and Assignor each confirm and ratif}, the Lease, and state that there are no uncured <br /> defaults and that the Lease remains in full force and cffcct. <br /> 2. ASSIGNMENT AND DELEGATION <br /> Assignor states that Assignor has not previously assigned, pledged or otherwise transferred any <br /> interest in the Lease. Assigner hereby assigns to Assignee all of Assignor's right, title and <br /> interest in and to the Lease, and delegates to Assignor all of'Assignor's duties and obligations <br /> under the Lease. <br /> Assignee hereby accepts assignment of Assignor's rights under the Lease and agrees to assume, <br /> perform and discharge all of Assignor's duties and obligations under the Lease. <br /> 3, CONSENT <br /> Landlord hereby consents to the assignment and delegation of the Assignor's rights and <br /> obligations under the Lease to Assignee, and agrees to substitute Assignee for Assignor as the <br /> responsible party under the Services.Agreement. <br /> 4. NOTICES <br /> All notices and other communications hereunder shall he in writing and shall be deemed given if' <br /> delivered in person, by an overnight exprc�s delivery service (e.g',, FedEx) or by registered or <br /> certified mail (postage prepaid, return receipt requested) to the other Party at the.. following <br /> I <br />