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(q) Agreement dated September 28. 1998 between Union Pacific Railroad Company <br />and Rock & Rail. recorded at Reception No. 698007 on May 20. 199 in Fremont <br />County (relates to purha~e of Tobin Track). <br />(r) Agreement (relaung to lo~nt use of track at Por[land, Colorado) dated <br />September 26, 1931 between the Denver and Rio Grande Western Railroad <br />Company (predecessor to ~'nton Pacific) and The Atchison, Topeka and Santa <br />Fe Railway Company ipredecessor to Rock & Rail), as supplemented by <br />Agreements dated October 31, 1955, and October 18, 1977. <br />(s) Agreement (relating to t~terchange tracks at Pueblo, Colorado) dated <br />December 5, 1977, between The Atchison, Topeka and Santa Fe Railway <br />Company and The Denver and Rio Grande Railroad Company. <br />(Q BNSF Asset Sale Agreement. <br />(u) Rail Service Easemen[ from Burlington Northern and Santa Fe Railway <br />Company to Rock & Rail dated March _, 1999 [Executed']. <br />(v) Indefinite Term Lease Land #195123 dated February 9, 1999 from Burlington <br />Northern and Santa Fe Railway Company to Rock & Rail. <br />(w) ~ Agreement dated March 18. 1999 between Union Pacific Railroad Company and <br />Rock & Rail, Inc. <br />(x) Employment and Noncompetition Agreement dated April 28, 2000 between <br />Rock & Rail, William H. Fehr, and COMAT. <br />(y) Exempt Transportation Contract BNSFC 304809 effective August 1, 2001 and <br />expiring ]uly 31, 20l 1 between COMAT. Burlington Northern and Santa Fe <br />Railway Company and Rock & Rail [Terminated°]. <br />(z) Undocumented contracts with Cotter Corp. and Holnam Corp. relating to rail <br />cars delivered to Cotter and Holnam. <br />(aa) Electric Supply Line License dated as of July 7, 2000 from Rock 8c Rail to <br />Holnam Inc. recorded a[ Reception No. 717338 on July 18, 2000 in Fremont <br />County. <br />(bb) Master Equipment Run Through Agreement dated November 9, 2000 between <br />Rock & Rail and Union Pacific Railroad Company: <br />(cc) Indefiaite Term Lease Land and Track #BF 18893 dated May 7, 2001 between <br />Burlington Northern and Santa Fe Railway Company and Colorado Materials <br />Holding Corporation, d/b/a Rock & Rail. Inc. <br />(dd) Subordination Agreement dated December 10,1998 between William Fehr, Rock <br />& Rail, and U.S. Bank National Assoctatton. <br />(ee) C.W. Rail Consulting Services. Inc Agreement with Rock & Rail dated <br />February 9, 200a. <br />(ff) Promissory No[e dated February I_. '_00? in the amount of 5561,934 from Rock <br />& Rail on behalf of Agile (sic) to Thz Burlington Northern and Santa Fe <br />Railway Company (approximate balance u. of March 1, 2004 will be 5413.OOOi <br />-I-t <br />