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<br />. ASSIGNI-0ENT AND ACCEPTAtiCE <br />TH15 ASSIGNMENT A*1D ACCEPTANCE, entered into this 1st <br />day of March , 1979, between: <br />H-E Lowdermilk Co. <br />Post Office Box 1318 <br />Englewood, Colorado 80150 <br />and <br />Flatiron Paving Company <br />57th and Valmont Road <br />Boulder, Colorado <br />Recitals <br />1. These parties entered into a Sublease on December <br />29, 1978, regarding two May 10, 1978 Coal Leases and <br />amendments, now referred to as 'the Bourg Lease' and "the <br />Knowles lease', on the following premises, to-wit: <br />South half of the southeast quarter <br />of Section 7 and t?:e ::orih half of <br />• the northeast euarter of Section 18, <br />Township 9 Borth, Range 78 C:est, in <br />Jackson County, Colorado. <br />2. Said Sublease and Coal Leases, including amend- <br />ments thereto, are incorporated herein by reference as <br />though fully set forth herein. <br />3. Pursuant to paragraph IX of the Dece:.lSer 29, 2978 <br />Sublease, and entitled "Assignment', the Nay 10, 1978 Coal <br />Leases, i.e. the Bourg Lease and the Knowles Lease, are to <br />be assign^d from H-E Lowdermilk Co. to Flatiror. P~~i^; <br />Company, provided the Sublessee (Flatiron Pavinq Company) <br />is not in default under the terms and conditions of the <br />Coal leases and Flatiron Paving Co..-..pang has made the <br />payment to H-E Lowdermilk Co. on or before March <br />1, 1979. Sub leesee is not in default under the terms and <br />conditions of the said leases and amendments. Said pa)~nent <br />has been made and is hereby receipted for by H-E Lowdermilk <br />. Co. <br />Ili CONSIDERATION of the heretofore paid, <br />and other good end sufficient consideration, H-E Lowdermilk <br />