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similar minerals, the structures, improvements, water, water rights, machinery,
<br />equipment, fixtures. tenements, easements, development rights, land use
<br />approvals, etc., existing in connection with the lands referenced above.
<br />2. Royalty in favor of Landco Investments, LLC reserved under that certain Assignment of
<br />Partial Leasehold Interest, Assignment of Access Easement and Railroad Spur Land
<br />Lease Agreement and Royalty Payment Agreement dated effective October 20, 1999
<br />between Landco Investments. LLC and Colorado Ivjaterials Aggregate Corporation.
<br />3. Royalty in favor of Colorado State Board of Land Commissioners under General Quarry
<br />Lease No. QR 3396 dated November l6, 1999.
<br />a. Royalty in favor of Lewis A. Edmundson Revocable Living Trust under Rock, Sand and
<br />Gravel Quarry Lease dated as of September 30, 1999.
<br />5. Possible claim for royalty by C.A. MacMillan under Finders Fee and Consulting
<br />Agreement dated September 30. 1999 between MacMillan and Landco, L.L.C.
<br />6. Deed of Trust dated June 7, 1993 between Lewis A. Edmundson Trust, the Public
<br />Trustee of Huerfano County, and James A. and Lila M. Houghton recorded a[ Reception
<br />No. 8427 on June 7, 1993 in Huerfano County.
<br />7. Real Estate Dced of Trust dated March 18, 1998 between Lewis Arthur Edmundson
<br />Revocable Living Trust, the Public Trustee of Huerfano County, and the First National
<br />Bank of Walsenburg, N.A., recorded at Reception No. 335523 on September 1, 1998 in
<br />Huerfano County.
<br />ROCK & RAIL:
<br />LINO Documents:
<br />(a) LILAC Loan Agreement
<br />(b) LINO Third Party Pledge Agreemen[
<br />(c) Mortgage, Security Agreement, Assignmen[, Financing Statement and Fixture
<br />Filing, filed in Fremont County, to U.S. Bank National Association, dated as of
<br />December 10, 1998; recorded at Reception No. 690665, Book 1352 and Page 27,
<br />on December 31, 1998: Assignment to LILAC, dated March 22, 2002, recorded at
<br />Reception No. 747843 on April l9, 2002
<br />(d) Collateral Assignment dated as of December 10, 1998 from Rock & Rail to
<br />LILAC.
<br />(e) UCC-1 Filing No. 19982078509; date filed December 29, 1998: filed with
<br />Colorado Secretary of State; Secured Party: U.S. Bank National Association;
<br />Current Secured Party of Record: LILAC; Collateral: Locomotives, rail cars,
<br />vehicles and other rolling stock, equipment, accounts, general intangibles and
<br />permi[s, fixtures and proceeds pursuant to Mortgage, Security Agreement,
<br />Assignment. Financing Statement and Fixture Filing, dated as of December 10.
<br />1998 as amended by partial release of collateral UCC-3 filing no. 19992028195.
<br />May 18, 1999; as further amended by partial release of collateral, UCC•3 filing
<br />no. 20012004665, January 18. 2001: and assigned to LILAC, UCC-3 filing no.
<br />20022036636, April 8, 2002.
<br />(f) UCC-1 Filing No. 1998207851 I: date filed December 29, 1998; filed with
<br />Colorado Secretary of State; Secured Party: U.S. Bank National Association;
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