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• EXHIBIT N • SOURCE OF LEGAL RIGHT TO ENTER ROYALTY AGREEMENT THIS AGREEMENT, made this 23rd day of September, 1996, by and between Asphalt Constructors, Inc., a Colorado Corporation, hereinafter referred to as ACI (first Party) and Robert E. Smith T.T.E.E., Debra 8innian T.T.E.E., and Diana F. Crocker T.T.E.E. hereinafter referred to as Owner (Second Party). WITNESSETH That in censideration of the mutual covenants and agreements to be kept and performed on the pan of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree that it shall: I. ACI does hereby agree to pay a royalty on any and all matenal removed from the mining opertation known es the Smith PR located in the NW 1/4, NE 1l4, Sec 20, T30S, R72W, 6th Colorado Principal Mandan. Royalty rate shall be paid at the unit re coxein>:etTiai. made in three equal installments to each trust. ACI to maintain all records et their office located et 7040 HWY 160 W, and records shall be available for Owners review upon their request. II. And said party of the second part covenants and agrees that it shall: Owner does hereby grant a right of ingress to and egress from said land for the purpose of exploration for and extraction of sand and gravel. 111. Others terms to be observed by and between the parties: Payments are to be made fhe following month for arty month in which matenal is removed from the pit Each dtedt shell be aocampanied by a summary of that months activity. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of Colorado. This is the entire agreement. Signed the day and year first above written. Signed in the presence of: ~~KI"f. Robert E. Smith ASPHALT CONSTRUCTORS, INC. ~-~~ .Q, rr E G Debra Binnian Page 1