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AFFIDAVIT <br />STATE OF t~rr. v ) <br />COUNTY OF E"Rlt ) ss. <br />) <br />Martin Jones, being first duly swum upon oath, deposes and states as follows: <br />1. I am currently the /'Rcs~oc~rn~ 4/AGx/G2 (-rfltRR~ES I ~, R~NY located <br />in . ~,4.vr7us~ r ,Ohio. <br />2. I was personally involved in permitting of certain property, commonly refen'ed to as the <br />"Bluestone Project," located in Jefferson County, for mining of sand, gravel and clay (MLRB Permit <br />No. M-91-035) on behalf of the Lessee at the Ume, Western Aggregates, Inc. ("WAI°) pursuant to <br />that certain Amended Lease Agreement, dated as of April 1, 1987 (together with any amendments, <br />renewals, replacements, ratifications and assignments thereto and thereof, the "Lease"). At the <br />Ume of permitting, I was the Vice-President and General Manager of WAI. <br />3. To the best of my knowledge and belief, all of WAI's interest in the Lease and any <br />related permits and governmental authorizations, inGuding MLRB Permit No. M-91-035, are <br />curenUy held by Mineral Reserves, Inc. Spicer Mineral Corporation is the Lessor of the Lease. <br />4. The real property description attached to and incorporated in the Lease inadvertently <br />(as a result of a drafting error) omitted the right to mine the south 100-feet of both the E%SW/. and <br />the SE'/+ of Section 4, Township 2 South, Range 70 West, 6"' P.M. (the "Omitted Land'. Because <br />the state permitting of the property was limited to the property described in the Lease, the state <br />permit does not cover the Omitted Land. <br />5: To the best of my knowledge and belief, it was the original intent of the parties and their <br />respective successors and assigns that Lessee have the right to dig and remove clay, gravel and <br />overburden from the Omitted Land as though it had been inGuded in the Lease as originally <br />entered into and subsequently amended. <br />FURTHER AFFIANT SAYETH NOT. <br />.~~~~ <br />arUU~l "n Jones <br />The foregoing instrument was acknowledged before me this Zf day of ~,, <br />2002 by Martin Jones. <br />Witness my hand and official seal. <br />My commission e~ires: 3' 8 - ~o fj/f <br />~~ <br />Notary Public <br />CHARLES S. ~tLreOM <br />NOTARY PUBLIC. STATc OF OHIO <br />My Commission FxDires Mar. S, 2004 <br />