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1 <br />permitting it to utilize portions of the surface of Section 36 <br />for certain designated purposes. On the plat map which is <br />- marked Exhibit "A," which is attached hereto and o:hich by <br />this reference is made a part hereof, the atove styled <br />tracts and boundaries are diagrammatically illustrated as <br />follows: <br />• Section 36 Outlined by green lines <br />The 1970 Surface Lease Outlined and cress-hatched <br />by yellow lines <br />The 1976 Surface Lease Outlined and cross-hatched <br />b}• red lines <br />III. Ho11y and Lien entered into a Contract dated <br />January 1, 1976 for the quarrying of limestone by Lien for <br />Ho11y, whi cli was terminated as of December 31, 1977 (the <br /> <br />"Quarry Contract"). <br />IV. On December 30, 1977, Ho11y filed a law suit, <br />Civil Action No. 96340 in District Court in E1 Paso County, i <br />Colorado, subsequently transferred to [I:e Larimer County ~, <br />Distric! Court, under Civil Action No. C-78-213 (hereinafter <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 improvements <br />from Section 36. Lien filed an answer in the Fort Collins <br />Suit dated March 28, 1978 denyrnq Holly's claims and asserting <br />a counterclaim with respect to an amount of 54,747.34 <br />allegedly due Lien as ,a result of a dispute as to the I'I <br />applicable price for certain limestone quarried under the <br />Quarry Contract. <br />`/. On May 10, 1978, the Fort Collins Suit uas <br />dismissed with oe rmission for Roll}~ to re EiLe an ame r.ded <br />complaint sui th in 60 days. <br />- 2 - <br /> <br />u <br />