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I • <br />I~AR'`13 2002 <br />Division o! Minerals and Geology <br />10. Surve .Buyer, at Buyers expense, will obtain surveys of the Real <br />Property ("the Survey") sufficient to allow for the survey exceptions to title coverage to <br />be deleted from the Title Policy. <br />11. Road Access. Seller is a party to a Right-of-Way agreement between the <br />• <br />seller and the State of Colorado which is recorded in the State Land Board's records as <br />Right-of-Way 3019, Book 30, and has been recorded in the records of the Clerk and <br />Recorder of Pueblo County in Book 2952 at Page 584. It is Buyers intention to <br />construct a proposed cement plant on State land located in Section 13 and the Right-of- <br />Way as presently constituted will interfere with Buyer's plant site and proposed mining <br />operations. Seller agrees to cooperate with Buyer in repositioning the Right-of--Way to <br />provide a new access road ("New Access Road") in a location that will not interfere with <br />Buyer's operations. Upon construction of the proposed cement plant, Buyer will <br />construct a New Access Road on the repositioned Right-of--Way which will be at least <br />equal to the current access road's composition, quality and width at Buyers expense. <br />Sellers use of the New Access Road will be limited to Sellers reasonable use for the <br />Blake Ranch. Sellers use of the New Access Road will not conflict with Buyers use of <br />the New Access Road. All access and use by Seller of the New Access Road is subject <br />to, and must fully comply with all safety rules and regulations pertaining to the New <br />Access Road whether established by Buyer, or State or local law. <br />12, Waterline and Tank Modification. Repair or Replacement. All currently <br />• <br />existing waterlines and water tanks on the Real Property will be modified, repaired or <br />replaced by Buyer it the waterlines or water tanks need to be moved because of Buyers <br />mining activities so long as the resulting system complies with the Natural Resource <br />Conservation ("NRC") Service specifications. The method of fulfilling Buyers obligation <br />under the preceding sentence will be in Buyers sole discretion. This obligation includes <br />replacing or finding a substitute for the Dakota water well located near the Blake Ranch <br />if it is established that Buyers mining activities cause a failure of the Dakota well. <br />Purchase Agreement <br />s <br />