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RECEPTION#: 2013000079891, 09/12/2013 at 11 :00:00 AM, 3 OF 8, Doc Type:EAS TD <br /> Pages: 0 Karen Long, Adams County, CO <br /> 9. Authority. By their signatures hereon, the persons signing this Agreement on behalf of the <br /> Parties hereto by their signatures hereon warrant that they have full power and authority to act on behalf <br /> of such Party. <br /> 10. Notice. All notices and authorizations permitted or required to be made under the Agreement <br /> (including any notices changing the addresses below)shall be in writing,signed by the Party giving same, <br /> and shall be delivered personally, or sent by certified or registered mail, return receipt requested, or by <br /> overnight courier,to the other Parties,addressed as follows: <br /> To Grantee: Henderson Aggregate,Ltd. <br /> 7321 East 88 Avenue,Suite 100 <br /> Henderson,CO 80640 <br /> With a copy to: Berg Hill Greenleaf&Ruscitti LLP <br /> 1712 Pearl Street <br /> Boulder,CO 80302 <br /> Attn: Thomas E. Merrigan,Esq. <br /> To Grantor: Thomas Jacob Frei GST Trust dated December 20,2011 <br /> c/o W.Robert Arnold <br /> ROGER NITTLER&CO.,INC. <br /> 2250 South Oneida Street,Suite 102 <br /> Denver,CO 80224 <br /> Any such notice shall be deemed to be given when(i)personally delivered,(ii)on the date of the notice is <br /> sent by facsimile if transmitted on the same date,(iii)on the date of courier pick-up by overnight courier <br /> as shown on the air bill,or,(iv)in the case of notice by mail,upon the date deposited in the U. S. mail as <br /> shown on the postmark, postage prepaid, certified, return receipt requested. Any such notice shall be <br /> deemed received on the date of actual receipt. Any Party may give notice at any time to change the <br /> address to which future notices are to be sent by giving notice as hereinabove provided. <br /> 11. Final Agreement: Amendment. This Agreement contains the final and entire agreement <br /> between the Parties hereto and supersedes any and all other agreements or arrangements,whether written <br /> or oral,relating to the subject matter hereof. Any subsequent amendment to this Agreement shall be valid <br /> only if executed in writing by both of the Parties hereto. <br /> 12. Counterparts. This Agreement may be executed in several counterparts, each of which shall be <br /> deemed an original,and all of which together shall constitute one and the same instrument. <br /> [Remainder of Page Intentionally Left Blank;Signature Page to Follow] <br /> Page 3 of 8 <br /> 715272 <br />