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EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER ROYALTY AGREEMENT THIS AGREEMENT, this 28"' day of June 2001, by and between Asphalt Constructors, Inc., a Colorado Corporation, hereinafter referred to as ACI (First Party) and Doug McDonald, hereinafter referred to as Owner (Second Party). WITNESSETH That in consideration of the mutual covenants and agreements to be kept and pertormed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree it shall: I. ACI does hereby agree to pay royalty on any and all material removed from the mining operation known as the McDonald Pit located in ALL THAT PART OF THE S'/z OF THE NW'/4 AND THE N'/z OF THE SW'/< OF SECTION 21, LYING EAST OF STATE HWY 112 AND NORTH OF THE LATERAL No. 1 OF THE RIO GRANDE CANAL; THE S'/z OF THE NE'/4; AND ALL THAT PART OF THE SE'/4 OF SECTION 21, LYING NORTH OF LATERAL No. 1 OF THE RIO GRANDE CANAL, ALL IN TOWNSHIP 40 NORTH, RANGE 6 EAST OF THE NEW MEXICO PRIME MERIDIAN. Royalty rate be paid at the unit rate (CONFIDENTIAL). ACI is to maintain all records at their office located at 7040 W HWY 160, and records shall be available for Owners review upon request. II. And said party of the second party covenants and agrees that it shall: Owner does hereby grant a right to ingress and egress from said land for the purpose of exploration for and extraction of sand and gravel. III. Other terms to be observed by and between the parties: Payments are to made the following month for any month in which material is removed for the pit. Each check shall be accompanied by a summary of that month's activity. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of Colorado. This is the entire agreement.