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i~~ r~uti~ ~ ~~i <br />SOURCE OF LEGAL RIGHT TO ENTER <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF ADAMS ) <br />L~.~ EXHIBIT 0 ~I~~l ~1 <br />AFFIDAVIT <br />ALBERT R. FREI, being first duly sworn upon oath, <br />deposes and says: <br />1. He is President of Albert Frei & Sons, Inc., a <br />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 />bonds or activities with or before the Mined Land Reclama- <br />tion Board under the provisions of the Colorado Mined Land <br />Reclamation Act. <br />2. Albert Frei & Sons, Inc. is the holder of an option <br />to purchase the property referred to as the Silt Pit. The <br />option was granted by Barton Porter and Carl 0. Short, and <br />under its terms the corporation may exercise its right to <br />purchase the property effective November 30, 1981. The <br />option further provides that in the interim the corporation <br />shall have full access to the property. A copy of the option <br />is on file and available for inspection at the offices of <br />the corporation in Henderson, Colorado. <br />3. Albert Frei & Sons, Inc. is legally empowered to <br />enter upon the subject lands and to conduct mining operations <br />for sand and gravel. <br />., <br />Albert R. Frei <br />SUBSCRIBED and sworn to before me this 11th day of <br />September, 1981, by ALBERT R. FREI, as President of Albert <br />Frei & Sons, Inc., a Colorado corporation. <br />i <br />Notary lic <br />My commission expires: <br />~ ~~ S <br />(NOTARIAL SEAL) <br />o: <br />o' <br />r ~' ~ -38- <br />