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MINERAL LEASE <br />THIS MINERAL LEASE ("Lease") is made and is effective as of N~. aM b..r 11, 2002, <br />by and between the parties hereinafter named, for the term and upon and under the terms and <br />conditions hereinafter set forth. <br />Parties. The parties to this Lease, and their addresses for all purposes hereof, are: <br />(a) LESSOR: Mahlon T. White, d/b/a Walking Winds Farm, whose address is 200 West. 1" <br />Street, Pueblo, Colorado 81003, with a copy to Donald J. Banner, P.O. Box 1423, Pueblo, <br />Colorado 81003-1423; and (b) LESSEE: Transit Mix of Pueblo, Inc., whose address is 25960, <br />Pueblo, Colorado 81002. <br />2. Grant of Lease. <br />(a) Lessor represents and warrants that he is the owners in fee of certain <br />Property situated in Pueblo County, Colorado, more particulazly described on Exhibit "A" <br />attached hereto (the "Property"), consisting of 17 acres, more or less, north of the Arkansas <br />River. The Property, excluding the appurtenant water rights, but together with the sand and <br />gravel reserves, other minerals, overburden, topsoil, loose rock or any combination thereof on or <br />contained within the Property or fotmed in association therewith and any portion or part of any <br />earth, rock, or other material that may be attached, combined with, or constitute a part thereof, to <br />the extent that any of the foregoing occur and are found between the surface and top of the <br />uppermost underlying shale formation (the "Leased Strata"), are the subject of this Lease and aze <br />hereinafter referred to together as the "Property and Mineral Rights." . <br />(b) For and in consideration of the payment of the Royalty (as defined in <br />Paragraph 7) and the covenants herein agreed to be paid and performed by Lessee, and subject to <br />the terms and conditions hereof, Lessor hereby grants, leases and lets the Property and Mineral <br />s:Hegal~wkd~tmccpueblo\Icue.dm t t~,~ <br />