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permitting it to utilize portions of the surEac=_ of Section 36 <br />for certain designated purposes. On the plat :cap which is <br />marked Exhibit "A," which is attached hereto and t:hich b•; <br />this reference is made a part hereof, the abo•:e styled <br />tracts and boundaries are diagrammatically illustrated as <br />follows: <br />S?ction 36 Outlined by green lines <br />The 1870 Surface Lease Outlin?d and cross-hatched <br />by yellow lines <br />The 1975 Surface Lease Outlined and cross-hatched <br />by red lines <br />iII. Ho11y and Lien entered into a Contract dated <br />January 1, 1976 for the quarrying ~~f limestone by Lien Eor <br />Ho11y, which was terminated as of December 31, 1917 ithe <br />"Quarr}• Contract"). <br />IV. On December 30, 1977, Ho11y Ei1ed a law suit, <br />C lull Action No. 96340 in District Court in E1 Paso County` <br />Colorado, subsequently transferred to the Larimer County <br />District Court, under Civil Acton vo. C-79-213 (here ina_ter <br />the "Fort Collins Suit"). In the Fort Collins Suit, Ho11y <br />alleged certain breaches of the Quarry Contract, including a <br />claim that Lien had failed timely to remove certain improveme r.cs <br />from Section 36. Lien filed an ans«er in the Fart =ollins <br />Suit dated Pta rch 29, 1979 denying L'^11y's claims and asserting <br />a coon .e rclaim •; ith respect to an amcunt of 54,747.34 <br />allegedly du=_ Lien as .a result of a 3ispu to as to the <br />appluable price `_or certain limestone quarried onder the <br />Quarry Contract. <br />V. O;•:dav L], 1979, the Fort Collins Suit was <br />dismissed with ~ermcssion for Ho11y to revile an am?cded <br />ccr. pla:r.t «ithin 60 days. <br />_ 2 _ <br /> <br />