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.~ , ASSIGNMENT OF SAND, GRAVEL AND AGGREGATE MINING LEASE (Ha147rwin Canstruarion Ca., Co/OR1UHa!{ LLCJ ,,~.e~,~ ~AugwR24,]998 ~' This Assignment of Mining Lease Agreement (the "Agreement") is made this a7 day of August, 1998 by and .~;: `: ~_~Gi(~~sip~oi~~'~dTall`~r"_viiii~Ganstsuction, Co., 3026 4th Avenue, Greeley, Colorado 80631 ("Assignee"). Background of Agreement, The following background statements are made to aid in the understanding and interpretation of this Agreement: A. Q*y~*~Q~igtFi~i°'si~ed~~aiatl=C~aue1*afadriY~g~regate.~fining.~eas~in which-BrT.,C De~~}~t~eat~",,,,,L'G~.$s~a~o~d,~and~ssignozs~l?e~~narlt,~thv "Huang Lease")- B- Assignee is in the business of mining sand, gravel and aggregate. C. or.<d : eas,~'gi~ ttierMuvzir~daeasa tdaAssigneagind Assignee is willing to undertake the responsibilities of the said Ivlining Lease. NOW T~REFOT:iF, in consideration of the mutual promises and covenants contained herein, Assignor hereby assigns to Assignee all of its right, title and interest in and to the Mining Lease under the following terms and conditions: Incorporation of Recitals by Reference. All of the recitals aze incorporated herein by this reference and made a part of the agreement of the parties- 2. Royalties. In addition to the royalty owed to the Landlord of the Mining Lease of five cents ($.05), the Assignee_shatl pay to the Assignor thirty five cents ($.35) per ton for each ton on which a royalty is paid to the Landlord under the Mining Lease. The royalty rate paid to Assignor may be adjusted every three (3) years starting on January 1 following the third full calendar year after the payment of the first royalty payment by Assignee. However, the amount of the adjustment to the royalty rate shall not be more than the percentage of increase in the retail sales price charged by the Tenant to its customers. Complete Assignment, Except'bVater Storage Rights: Taningeasg~is;;co,Snpl,:e~ely ass~~2~A~%grieer except with reference to the agreement to pay the additional royalty noted in pazagraph 2 above and except the water storage rights referenced in paragraph 4 below. Assignee shall not be required by this Agreement to do anything that is not required of the Tenant in the Muting Lease. Without limiting the foregoing statement, Assignor understands that the extent of mining on the Property described in the Mining Lease is discretionary with the Assignee.