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y <br />RECEIVED <br />FEB 2 7; 2GC3 <br />Division sf Minerals and GeoloAY <br />ASSIGNMENT OF ROYALTY INTEREST AND STORAGE RIGHTS <br />UNDER SAND, GRAVEL AND AGGREGATE MINING LEASE <br />(Olmtdo Ltd. Liability Co. /Hall FaniilyParatetship of Firestone, LLPJ <br />/ This Assignment of Mining Lease Agreement (the "Agreement") is entered into September .. <br />` ?7 , 2002; by and between Olando Ltd. Liability Co. ("Assignor") and Hall Family Partnership <br />of Firestone, LLP ("Assignee"). <br />Background of Agreement. The following background statements are made to aid in the <br />understanding and interpretation of this Assignment: <br />1. On May 22, 1998, Assignor signed a Sand Gravel and Aggregate Mining Lease in which <br />BLC Development, LLC is the Landlord and Assignor is the Tenant (the "Mining Lease"). <br />- 2. On August 27, 1998, Assignor assigned the Mining Lease to Hall-Irwin Construction Co., <br />vrhose name is now Hall-Irwin Corporation (Hall-Irwin}. <br />3. Assignor desires to assign all its right, title, and interest in the royalty interest and storage <br />rights under the Mining Lease to Assignee. <br />NOW THEREFORE, in consideration of the mutual promises and covenants contained <br />herein, Assignor hereby assigns to Assignee all of its right, title and interest in and to the Mining <br />Lease under the following terms and conditions: <br />1. - Incorporation of Recitals by Reference. All of the recitals are incorporated herein by ~. <br />this reference and made a part of the agreement of the parties. <br />2. Royalties. All royalties payable to Assignor are assigned to Assignee effective the date of <br />this Assignment. <br />3. Complete Assignment. The interest of Assignor under the May 22, 1998, Mining Lease <br />and August 27, 1998, Assignment are hereby assigned to Assignee including any storage <br />right owned by Assignor. <br />4. Miscellaneous. <br />A. This Agreement shall inure to the benefit of and shall be binding on the heirs, legal <br />representatives, successors and assigns of the parties. <br />B. Colorado Law shall be used in the interpretation and construction. of this <br />Agreement and the resolution of all disputes hereunder. <br />Page 1 of 3 <br />