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are natural resources which are the subject of a tax deduction of a reasonable allowance for <br />depletion of such materials, which presently requires an equitable apportionment between the <br />Lessor and Lessee. <br />party may record the Memorandum for Recording but neither party shall record this Lease <br />parties have executed a memorandum for recording ("Memorandum for Recording"). Either <br />without the prior written consent of the other. <br />24. Memorandum for Recordine. Simultaneous with the execution of this Lease the <br />25. Construction of Document. The parties do not intend that this Lease be <br />characterized as a sale of real property. However, if any court of competent jurisdiction should <br />characterize this Lease as a sale of real property, then the parties intend that, upon such event, <br />this Lease should be treated as a mortgage, pursuant to which Lessee has granted to Lessor a lien <br />on the Property. <br />Attest: <br />i <br />TRANSIT MDC OF PUEBLO, INC. <br />By: <br />~ic~ ~rc ~i'C~e~f <br />MAHLON T. WHITE, DBlA <br />WALKING WINDS FARM <br />~.~~ <br />By: Mahlon T. White <br />kd\tmctpueblaVeasadoc <br />Zt <br />~~ <br />