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~~ <br />ASSIGNi•IEi1T OF MINING LEASE AND I4INING PERDIIT, <br />AGREEPIENT FOR CONVEYANCE OF STOCK AND <br />AGREE^SENT TO SECURE PROIQISSORY NOTE <br />THIS AGREEt•IENT is made this 29th day of November, <br />1984, by and between COLORADO PSARKETING ASSOCIATES, INC., <br />DOUGLAS COUNTY SAND AND GRAVEL, INC., JEFF D. SI.IYTH, H. E. <br />WHITE and JACK THORNTON. <br />WHEREAS, Colorado Marketing Associates, Inc. <br />(hereinafter "CMA") is the lessee under a certain mining <br />lease dated July 20, 1982, under which John A. Keeling and <br />Alice E. Keeling are lessors, for certain property situate <br />in the County of Douglas, State of Colorado, more particu- <br />larly described in said lease, which is attached hereto and <br />incorporated herein by this reference, and <br />WHEREAS, CtdA wishes to assign its interest as <br />lessee in said lease and its mining permit and certain <br />equipment in order to secure payment of a certain promissory <br />note by CP9A to H. E. White (hereinafter "White") and Jack <br />Thornton (hereinafter "Thornton"), and <br />WHEREAS, Ci•IA wishes upon the payment in full of <br />such indebtedness to assign the lease and mining permit to <br />Douglas County Sand and Gravel, Inc. (hereinafter "DCS&G"), <br />and wishes to grant White 50~ of the outstanding shares in <br />DCSSG. <br />NO47, THEREFORE, for good and valuable considera- <br />tion, the receipt and sufficiency of which is acknowledged <br />by the parties Hereto, it is agreed as follows: <br />~~ 1. Cb1A hereby assigns to White and Thornton all <br />of its rights and interest under said mining lease and the <br />mining permit for the property to secure the payment of a <br />certain $70,000 promissory note dated November 29, 1984, <br />from CilA to White and Thornton. Upon payment of the note in <br />full in accordance with its terms on or before January 29, <br />1985, said lease shall be assigned to DCSSG, and upon such <br />assignment, Jeff D. Smyth (hereinafter "Smyth"), as sole <br />shareholder of .DCSSG, shall convey to white or his assigns <br />SOb of the outstanding stock of DCSSG, free and clear of all <br />liens and encumbrances. <br />2. CbiA and Smyth warrant that all provisions of <br />the lease have been compiled with by Ci•L4, all reports made, <br />and all royalties paid in accordance crith the lease, and <br />that all requirements of state and federal laws, including <br />