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.~ ~~ ~~~E1~E® ~R;1"3 2002 Division of Minerals and r+eolo9Y REAL PROPERTY PURCHASE AGREEMENT coy ~~ Rio Grande Portland Cement Corp., a New Mexico corporation ("Buyer"), and Douglas G. Thacker ("Seller") agree: 1. Sate of Real Propertv. Seller and Buyer executed an option agreement r~ LJ ("Option Agreement") on or about October 30, 1998, whereby Seller agreed to sell and Buyer obtained the right to buy the Real Property (as defined below). Buyer exercised its rights under the Option Agreement on December 28, 1998. Seller will now sell and transfer to Buyer, and Buyer, in reliance on the terms of this Agreement, will buy and accept from Seller at the time of consummation of the transactions contemplated by this Agreement ("Closing"), subject to this Agreement, the Real Property described on Exhibit A, attached hereto, and including, without limit, any and all improvements, tenements, hereditaments, fixtures, water, oil, gas, mineral, sand, gravel and other rights, if any, easements and appurtenances located on, belonging to or in any way pertaining to the land, and all of the interest of Seller in any streets, ways, alleys, parking lots, strips or gores adjoining the land (collectively, the "Real Property"). 2. Purchase Price. The purchase price for the Real Property will be 'per acre, for an approximate total purchase price of=("Purchase Price"). Buyer will pay Seller the Purchase Price, plus or minus Prorations (defined below) at Closing, by cashier's check or wire transfer. 3. Payment of Purchase Price. The Purchase Price will be paid as follows: A. Earnest Monev Deposit. Within five business days after this Agreement is signed by both parties, Buyer will deposit as earnest money with Title Company (defined in paragraph 4 below) the sum of_(the "Deposit," which term includes interest earned thereon) in cash or immediately available funds. Title Purchase Agreement ~