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<br />LEASE ASSIGNMENT A_'YD ASSUhLP'I7ON
<br />(HARTM.~~
<br />TIIIS LEASE ASSIGNMENT ANA ASSUMP'I7ON (this 'Assienment"} is made and
<br />enteed into as of the ?~ day of January, 1998, by and among HENRY SOUTHWAY & JOHN
<br />SLAYIAN, D/B/A J.B.C.O. (a/k/a JBCO) (hereinaftu collectively referred to as "Tenn "), and
<br />MINERAL RESERVES, IIVC., a Colorado corporation (hereinafter referred to as " s i nee"):
<br />WITNESSETH:
<br />WHEREAS, Southwest Ready-Mix ]nc. of Putblo, a Colorado corporation, Southwest
<br />R.M.L.L.C., a Colorado limited liability company end J.B.C.O., an unincorporated association
<br />(collectivey, "Seiler") and Western Mobile, Inc., a Delaware corporation (" rc aser")entered into
<br />that certain Acquisition Agreement dated on or about [he date hereof (the 'Acquisition
<br />Agreement");
<br />WHEREAS, pursuant to the Acquisition Agreement, Seller and Purchaser intend that Tenant
<br />shall trarufer and assign Tenutt's interest in and to that certain Lease Agreement with Option to Buy
<br />Material dated June 15, 1996, by and between Hartman Land & Cartle ("Landlord"), es landlord,
<br />and Tenant, as tenant (the "Lease") relating to real property and any buildings and other
<br />improvements located thereon in Pueblo County, Colorado (the "Le~lold Premises').
<br />NOW, THEREFORE, for and in consideration ofthe mutual promises contained herein and
<br />of other good and valuable consideration, the receipt and suffiaency which are hereby acknowledged,
<br />Tenant and Assi~mee hereby agree as follows:
<br />l . Tenant does hereby sell, assign transfer, convey and set over absolutely unto Assignce
<br />all of Tenant's right, title, interest, powers, and privileges in and to the Lease.
<br />2. Assignee hereby esarrnes and agrees to be bound by and perform, observe, discharge,
<br />and otherwise comply with the agreements, duties, obligations, covenants and undertakings upon
<br />Tentun's put to be kept and performed under the Lease (but only to the same extent as same would
<br />have arisen and been binding on Tetrant absem such assigtunent) accruing or commencing on, 6rom
<br />and after the date hereof.
<br />3. Tenant hereby represents and warrants as of the date hereof to Assignee that: (i) the
<br />Lease is in good standing, valid and in full force and effeC~, (u) Tenant has good title to and a good
<br />right to assign and transfer this Lease with the consent of Landlord, and (iii) Tenant has received no
<br />notice of default by Landlord under the Lease. ,
<br />OlMUN07: ]07167 I,wPD
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