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<br />13. Halsnes took possession of the Real Property in a manner consistent with his obligations <br />under the Lease/Purchase Option. <br />14. In October of 2000, More executed an application for a special use permit with Routt <br />Couhty Regional Planning Department showing Elam Construction, Native Excavating, Halsnes <br />and More as the applicants. Elam and Native Excavating were not lessees of the property and <br />their names were mistakenly placed on the application. <br />15. Halsnes repetitively requested More to execute letters and/or amended applications to <br />remove Elam and Native Excavating's names from the application. More refused, hampering <br />Halsnes' ability to proceed with the special use permit application. <br />16. Halsnes made substantial part performance of his obligations and duties under the <br />Lease/Purchase Option Agreement. <br />17. On or about February 20, 2001, More, without prior notice, sent a letter purporting to <br />terminate the Lease/Purchase Option. <br />18. On February 25, 2001, More verbally withdrew the termination and requested Halsnes to <br />continue working on the gravel pit opportunity. <br />19. On or about Mazch 12, 2001, More, without prior notice or warning, announced that it <br />had signed a gravel lease for the Real Property, with Western Mobile Northern, Inc., a subsidiary <br />of LaFazge Corporation. <br />20. Halsnes remains ready, willing and able to perform all of his obligations in the <br />Lease/Purchase Option and to pursue the application with the County. <br />FIRST CLAIM FOR RELIEF <br />(Breach of Contract-Anticipatory Repudiation) <br />21. Halsnes incorporates each allegation set forth above as if set forth verbatim herein. <br />22. The Lease/Purchase Option constitutes an enforceable contract for the lease and purchase <br />of the Real Property. <br />23. The Lease/Purchase Option may not be unilaterally terminated by More. <br />24. Halsnes stands ready, willing and able to perform and to pay the agreed upon amounts <br />under the Lease/Purchase Option. <br />25. By its actions and statements as set forth above, More has repudiated and breached its <br />duties and obligations under the Lease/Purchase Option. <br />3 <br />