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1 <br />EXHIBIT O <br />SOURCE OF LEGAL RIGHT TO ENTER <br />' STATE OF COLORADO ) <br />ss. AFFIDAVIT <br />COUNTY OF OTERO ) <br />' FRANK JOBS, being first duly sworn upon oath, deposes <br />and says: <br />' 1. He is the Executive Vice President of Valco, Inc., <br />a Colorado corporation, and is empowered to act for and on <br />behalf of said corporation in all respects in connection <br />with any applications, petitions, contracts, correspondence <br />' or activities with or before the Mined Land Reclamation <br />Board under the provisions of the Colorado Mined Land <br />Reclamation Act. <br />2. An undivided fifty percent interest in the entire <br />surface and mineral rights in the property to be mined at <br />' the Wiley Pit is owned in fee simple by Valco, Inc. The <br />remaining fifty percent interest in the property is owned <br />by Donald L. Ullom, Elisabeth A. Ullom, Kenneth L. Ullom <br />and Margaret Ann Ullom. Valco's_ right to mine the Ullom <br />' property interest is covered by a lease agreement, a copy <br />of which is on file and available for inspection at the <br />offices of the corporation in Rocky Ford, Colorado. <br />3. The corporation is legally empowered to enter upon <br />the subject lands and to conduct its mining operations for <br />' sand and gravel. <br />~~c: -~ ~. ~ - ~ E'~-P - <br />t Frank Jd e <br />' SUBSECRIBED and sworn to before me this ~ day of <br />September, 1977, by FRANK JOBE, Executive Vice President of <br />Valco, Inc., a Colorado corporation. <br /> <br />' ~(NOTARIAli.SEAL) <br />_ _ <br /> <br />Notary Public <br />My commission expires: <br />~..'~l ".I__l0f1 JX ~i'JS Jcl! J~• I•QI9 <br />30 <br />