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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 />2~1. Memorandum for Recording. Simultaneous with the execution of this Lease the <br />parties have executed a memorandum for recording ("Memorandum for Recording"). Either <br />party may record the Memorandum for Recording but neither party shall record this Lease <br />without the prior written consent of the other. <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 competentjurisdiction 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 />TRANSIT MIX OF PUEBLO, INC. <br />a. <br />Attest: <br />,. <br />/"-"'" MAHLON•T. WHITE, D/B/A <br />WALKING WINDS FARM <br />1~~~~v~ f <br />By: Mahlon T. White <br />s:Uegal\wk,iltmcopueblo\leuse.doc 21 (~,v <br />