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• ~ <br /> <br />NOV 3 1988 <br />A~SI~+NMENT QF MINING I+1~$ <br />NI-r'~p i_~ND <br />I~ECLAPAP,}"fON Gi'JIfi~rJig <br />THIS ASSIGNMENT OF MINING LEASE (tfie "Assignment"} <br />dated effective as of September 29, 1988 _, 1988, is Erom <br />L. C. HOLDINGS, INC. (hereinafter "Assignor"), a Delaware <br />corporation whose address is 11728 Higtrway 93, Boulder, <br />Colorado 80303, to WESTERN AGGREGATES, 1NC. (hereinafter <br />"Assignee"), a Delaware corporation whose address is 11728 <br />Highway 93, Boulder, Colorado 80303. <br />W I T N E S S E T H <br />That Assignor for and in consideration of the sum of <br />TEN DOLLARS ($10.00) in hand paid and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby <br />acknowledged, has granted, bargained, sold, conveyed, <br />transferred, and by this Assignment, dues hereby grant, <br />bargain, sell, convey, transfer and assign unto Assignee, it:s <br />successors and assigns forever, the following (hereinafter ttre <br />"Leasehold Interest"): <br />1. The entire and undivided leasehold estate and <br />rights created by ttrat certain Mining Lease (the "Mining <br />Lease") described irr Exhibit A, attached to and by this <br />reference incorporated into this Assignment, together with all <br />the property and rights incident thereto that are owned or <br />controlled by Assignor including, but not limited to, minerals <br />and. mineral products, buildings, fixtures, and other <br />improvements thereon, thereto or thereunder. <br />TO RAVE AND TO HOLD the Leasehold Interest- unto <br />Assignee, its successors and assigns forever. Assignor for <br />itself and its successors by these presents shall and does <br />hereby warrant and will Forever defend the Leasehold Interest <br />in the quiet and peaceful possession of Assignee, it:s <br />successors and assigns against all and every person or persons <br />claiming any right, title or interest therein or thereunder. <br />Adrlitionally, Assignor for itself and its successors represents <br />and warrants unto Assignee as follows: <br />1. Assignor is the owner of the entire and <br />undivided interest in the Leasehold .Interest <br />free and clear of all liens and encumbrances <br />whatsoever. <br />