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Legal Right-to-Enter. Royalty and Damage Agreement This agreement is made and entered into this l~day of August 2007, by and between the «~e~s)»: J. & Reba Y. Sheehan, whose mailing address is PO Box 55, Slater, Colorado 81653, and J & D Sand and Gravel, whose address is PO Box 85, Baggs, WY 82321; hereafter referred to as the "Company." WITNESS THAT: The Owners, for the consideration of the excavation and removal of rock, sand and gravel, grading, land surface reclamation activities and other agreements (royalty payments) hereby allows the Company access to a portion of NE/4, of Section 21, T. 12N R. 89, 6m P.M., in Moffat County, Colorado amounting to approximately 8.14 acres or less. The Company desires the producing and removal of materials (rock, sand and gravel) for construction purposes and the Owner (s) will be paid a royalty fee at the following rate: 30 % of the gross revenues. The term of this contract is for five (5) years. This contract will be renegotiated every yeaz on, or before, April 1 of each year. The Company will use revenues from the pit to pay for the permitting and surveying of the pit before any percentages are paid to Owners. Payment for materials removed from the property will be made to the Owner (s) within thirty (30) days after payment is received by the Company. This agreement shall commence on the day of this agreement and remain in force for the duration of the Limited Impact (1 ] 0) Operation Reclamation Pemrit. The Company shall have the right of ingress and egress to and from the subject premises in order to stockpile material and to employ reasonable methods for the removal of said material and for reclamation activities. The Company agrees to provide liability insurance and shall be responsible for all its operations related to the mining of the property including damage repairs to man-made structures. The Owner (s) will be held harmless for acts of the Company and its employees or subcontractors related to operations on the property. The Owner (s) hereby warrant that they have good title to the above described premises, that they have lawful right to grant this option, and that they agree to hold the Company harmless from any and all claims from others asserting any interest in the subject land.