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/ `' ~ %~ . <br />i <br />MEMORANDUM OF <br />' MINING LEASE <br />This Memorandum of Mining Lease ("Memorandum") made and <br />' entered into this Z/ S/~day of I~PrLi t. 1995, by and <br />between WINKLER CATTLE COMPANY, ("Winkler"), a Colorado <br />corporation, having the poet office address of 5670 South Lake <br />' Gulch Road, Castle Rock, Douglas County, State of Colorado, and <br />EDW. C. LEVY COMPANY, a Michigan corporation D/B/A CENTENNIAL <br />MATERIALS, INC. ("Centennial") of 2635 Delta Drive, Colorado <br />Springs, E1 Paso County, Colorado. <br />For ten dollars and other good and valuable consideration, the <br />receipt, adequacy and sufficiency of which is therein acknowledged, <br />' and in further consideration of the mutual promises and covenants <br />contained in the Mining Lease ("Lease"), Centennial and Winkler <br />have executed the Lease, and desire to place this Memorandum <br />thereof of public record. Centennial and Winkler have covenanted <br />and agreed as follows: <br />Winkler and Centennial have executed the Lease, in which <br />Winkler has leased to Centennial the real property ("Property") <br />described on Exhibit "A" attached hereto. The Lease is for an <br />initial term of twenty (20) years, commencing on /~/J2i~ Z!,lf4 5 <br />and may, subject to Centennial's right to terminate, at the option <br />of either party, be extended for Uitl~ ( 1 ) successive <br />periods of ~~~ ry ( Z~) years each. <br />This Memorandum together with all rights and obligations <br />pertaining shall run with the land and survive any transfer of the <br />Property either voluntary or involuntary, including but not limited <br />' to any public trustee or a judicial foreclosure, or a bankruptcy of <br />Winkler, its successors, heirs and assigns. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands <br />and seals and acknowledge this Memorandum as of the date first <br />above written. <br />WINKLER CATTLE CO., <br />ATTEST: a Colorado corporation <br /> <br /> <br /> <br />Centleae.mem <br />4/10/95 <br /> <br /> <br />