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AFFIDAVIT <br />SOURCE OF LEGAL RIGHT TO ENTER <br />The mine operator, All Rite Paving and Redi-Mix, has the legal right to enter the <br />property located within the SE '/. of section 36, Township 23 South, Range 55 <br />West, and the NE'/< and portions of the NW and SE'/<, Township 24 South, <br />Range 55 West, in unincorporated Otero County, Colorado, to conduct sand and <br />gravel extraction, production, asphalt hatching, and reclamation. <br />We, John L. Ary and John P. Ary, certify that we are the owners of the property <br />described above and in Exhibit A of this document and that All Rite Paving and <br />Redi-Mix is the designated mine operator. <br />,~ ~~~ <br />John L. A <br />ohn P. Ary <br />NOTARY <br />State of Colorado <br />County of ~ e _ p <br />The foregoing was acknowledged before me on this 2~day of Tai 1999. <br />My commission expires: %>( ~j <br />Notary Public , <br />so <br />