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\2 r It is hereby agreed between John Holden, as attorney for GEX Colorado Co. and GEX Colorado, Inc., and Kathleen M. Snead, attorney for The Denver and Rio Grande Western Railroad Company, that Kathleen Snead will escrow the original of an Assignment Acceptance and Consent Agreement between GEX Colorado Co., GEX Colorado Inc. and Powderhorn Properties Company, agreed to by The Denver and Rio Grande Western Railroad Company. The other two originals of the Assignment Acceptance and Consent Agreement will be retained by Mr. Holden. This Assignment, Acceptance and Consent Agreement will be effective on January 8, 1982, or sooner if Kathleen Snead is notified that the bulk transfer between GEX Colorado Co., GEX Colorado, Inc, and Powderhorn Properties has taken place and the Agreement is thus effective. If, on the other hand, Kathleen Snead is notified by both GEX Colorado Co., GEX Colorado, Inc. and Powderhorn Properties Company prior to January 8, 1982 that the Assignment is of no effect because the bulk transfer between the parties did not take place, Kathleen M. Snead will destroy the Agreement and the duties, liabilities, rights, covenants and conditions in the leases and contracts listed in the said Assignment Acceptance and Consent will remain those of GEX Colorado Co. and GEX Colorado, Inc. John Holden has this date tendered to Kathleen M. Snead a check in the amount of Eight Thousand Eight Hundred Ninety-one and 29/100 Dollars ($8,891.29) for amounts due The Denver and Rio Grande Western Railroad Company by GEX Colorado Co. and GEX Colorado, Inc. Kathleen M. Snead agrees to similarly escrow this check until notified that the Assignment Acceptance and Consent Agreement is effective or January 8, 1982, whichever comes first. If notified prior to January 8, 1982, that the bulk transfer did not take place and the Assignment is of no effect, Kathleen M. Snead hereby agrees to return the check to GEX Colorado Co. and GEX Colorado, Inc. Dated: