2002-10-15_REVISION - M1991035 - Laserfiche WebLink

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AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF (~~ ~ I ~~ ) Harold W. Spicer, being first duly sworn upon oath, deposes and states as follows: 1. I am the former President of Spicer Mineral Corporation ("SMC"), whose principal office is located at c/o Integrated Planning, Inc.. 2020 Pearl Street, Suite B, Boulder, Colorado 80302- 4430 and am currently a director of SMC. 2. SMC is the Lessor and Mineral Reserves, Inc., a subsidiary of Lafarge West, Inc. ("MRI") is the Lessee pursuant to that certain Amended Lease Agreement, dated as of April 1, 1987 (together with any amendments, renewals, replacements, ratifications and assignments thereto and thereof, the "Lease"). 3. Pursuant to the Lease, Lessee has the right to dig and remove clay, gravel and overburden from certain real property described in the Lease. 4. The real property description attached to and incorporated in the Lease inadvertently omitted the right to mine the south 100-feet of both the E'/zSW'/< and the SE'/, of Section 4, Township 2 South, Range 70 West, 6'~ P.M. (the "Omitted Land"). 5. It was the original intent, and continues to be the intent, of Lessor that Lessee had the right to dig and remove clay, gravel and overburden from the Omitted Land as though it had been included in the Lease as originally entered into and subsequently amended. 6. Lessee has paid all royalties due with respect to mining of the Omitted Land. 7. I understand that Lessor has contemporaneously herewith executed an Amendment of Lease Agreement, which confirms Lessor's intent as set forth above. FURTHER AFFIANT SAYETH NOT. H rold~/V. Spicer The foregoing instrument was acknowledged before me this 4`IMday of C'k ;~-o~~" c- 2002 by Harold W. Spicer as the former President of Spicer Mineral Corporation. Witness my hand and official seal. My commission expires: MY~MM~g~~ONQ~~~s~~~~ ~ • ~ ' •s¢'9 =:; -Notary Public r-D O '_s ~ ~ ~ y- ~, : ~ ~o: _ O• ~