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(e) "Prior Lease" means that certain Sand and Gravel Mining Lease dated <br />March 11, 2001 between Seller and Purchaser for the Subject Property and the amendment <br />thereto dated April, 2001. <br />RECEIVED <br />(f) "Required Permits" are defined in Section 5.1. <br />(g) "Reserved Easements" are defined in Section 2.3 APR 1 7 2003 <br />Division of Minerals and Geology <br />(h) "Subject Property" is defined in Section 2.1. <br />5.3 (c). <br />(i) "Survey" means the ALTA Survey to be obtained pursuant to Paragraph <br />(j) "Title Company" means any title insurance agent or company as is agreed <br />to by Seller and Purchaser. <br />ARTICLE II. <br />PURCHASE OF SUBJECT PROPERTY <br />2.1 Purchase and Sale. Subject to the contingencies and conditions set forth in Article V <br />below, Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller, upon the <br />following terms and conditions, that certain pazcel of real property in Routt County, Colorado, <br />generally described in Exhibit A attached hereto and incorporated by this reference (such parcel <br />being referred to as the "Land") <br />TOGETHER WITH: <br />(a) all sand and gravel and sand and gravel rights and all minerals and <br />mineral rights, oil and gas and oil and gas rights, coal and coal rights owned by Seller and <br />all rights of Seller in and to existing oil and gas leases and other leases affecting the <br />Land, <br />(b} all rights-of-way and easements owned or -used by Seller in <br />connection with the Land, including without limitation a limited right-of-way on Seller's <br />existing easement to the north of the Land granted and described in an easement dated <br />August 18, 1998 and recorded August 27, 1998 in Book 749 at Page 1381, Reception No. <br />497950, as amended by Amendment to Easement dated April 18, 2001 and recorded <br />April 23, 2001 at Reception No 544137, Routt County records, which shall be limited to <br />use far emergency and incidental access only and shall not include the right of use by <br />heavy trucks or equipment in connection with sand and gravel or other operations on the <br />Land. <br />2- <br />~' <br />