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AFFIDAVIT <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF ~e~soh ) <br />Paui Banks, being first duly sworn upon oath, deposes and states as follows: <br />1. I am a principal in Banks and Gesso, LLC. Banks and Gesso, LLC presently has been <br />retained by Mineral Reserves, Inc., a subsidiary of Lafarge West, Inc. ("MRI") with respect to <br />certain permitting matters. <br />2. I was personally involved in permitting of certain property, commonly referred 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 time, 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"). <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, including MLRB Permit No. M-91-035, are <br />currently held by MRI. 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''/:SWY, and <br />the SEY, of Section 4, Township 2 South, Range 70 West, 6th 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 included in the Lease as originally <br />entered into and subsequently amended. <br />6. On behalf of MRI as Lessee, Banks and Gesso, LLC, has contemporaneously herewith <br />submitted a Technical Revision to the Colorado Division of Mines and Geology. The purpose of <br />the Technical Revision is to correct the inadvertent omission of the Omitted Land and to conform <br />MLRB Permit No. M-91-035 to the intent of the Lessor and Lessee. <br />FURTHER AFFIANT SAYETH NOT. <br />Paul Banks <br />The foregoing instrument was acknowledged before me this .day of hem , <br />2002 by Paul Banks as a principal of Banks and Gesso, LLC. <br />Witness my hand and official seal. <br />My commission expires: 12I2~1 ~OS <br />