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EXHIBIT ~ - LEGAL RIGHT-TO-ENTER
<br />SAND AND GRAVEL MINING LEASE
<br />PAGE 9
<br />This Agreement entered into this ~` day of ~L- ,
<br />A.D., 1991, between Karl-Heinz Heintges, hereinafter referred to
<br />as the Lessor, c/o Penny and Penny, Attorneys at Law, 1358 Lowell
<br />Avenue, P. 0. Box 399, Burlington, Colorado 80807, and Kit Carson
<br />County, Colorado, hereinafter referred to as the Lessee, Kit
<br />Carson County Courthouse, 251 - 16th Street, Burlington,
<br />Colorado, WITNESS:
<br />WHEREAS, the Lessor is the owner in fee simple absolute of
<br />the following described land and real estate situate and being in
<br />Cheyenne County, Colorado, to-wit:
<br />A tract of land in the Northeast Quarter (NE4) of
<br />Section One (1), Township Twelve (12), South, Range
<br />Forty-three (43), West of the Sixth Principal Meridian,
<br />Cheyenne County, Colorado more particularly described
<br />by metes and bounds as follows:
<br />Commencing at the Southeast corner of the Northeast
<br />Quarter (NE4) of Section One (1), Township Twelve (12),
<br />South, Range Forty-three (43), West; thence west along
<br />the south line of said Northeast Quarter (NE4) a
<br />distance of 620.0 feet; thence northerly parallel to
<br />the east line of said Northeast Quarter (NE4) a
<br />distance of 600.0 feet; thence easterly parallel to the
<br />south line of said Northeast Quarter (NE4) a distance
<br />of 620.0 feet to the east line of said Northeast
<br />Quarter (NE4); thence southerly along the east line of
<br />said Northeast Quarter (NE4) to the point of beginning;
<br />together with a meandering haul road over, across and
<br />through the east 600.0 feet of said Northeast Quarter
<br />(NE4)
<br />and
<br />WHEREAS, the Lessee desires to lease the above described
<br />land and real estate for the purpose of mining and removing
<br />therefrom, sand, gravel, rock and aggregate, all being
<br />hereinafter referred to as "material"; and
<br />WHEREAS, the Lessee does 'desire to develop upon the above
<br />described land and real estate a sand, gravel, rock and aggregate
<br />pit and to mine therefrom such material in accordance with the
<br />Colorado Bureau of Land Reclamation and Bureau of Mines rules and
<br />regulations now in existence or hereafter promulgated and placed
<br />in effect.
<br />NOW THEREFORE, and for and in consideration of the payment
<br />of the royalty herein reserved and the keeping and performance of
<br />the covenants and agreements by the Lessee, as hereinafter set
<br />forth, the Lessor does hereby lease exclusively unto the said
<br />Lessee for the purpose of developing on the above described land
<br />and real estate a sand, gravel, rock and aggregate pit and
<br />thereafter mining and removing such material therefrom.
<br />To have and to hold the said land and real estate for the
<br />purposes set forth herein from the 10th day of January, 1991
<br />until 12:00 noon on the 10th day of January, 1992, at and for the
<br />royalty of twenty-five cents ($0.25) per yard for the material
<br />removed from such pit; the sum due shall be computed and paid
<br />mgnthly, with the first payment being made on or before March 10,
<br />1991, and continuing thereafter on the 10th day of each and every
<br />month thereafter. The Lessee shall have the right and option to
<br />renew the lease for successive periods of one year each,
<br />extending from January 10th of each succeeding year for a total
<br />of five (5) years.
<br />
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