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J' <br /> <br />AGREEMENT WITH OPTION TO BUY MATERIAL <br />-f~- <br />THIS AGREEMENT is entered into on this day of n/ ,2001 by and <br />between the owners Matthew Thomas Proctor and Peggy Proc r Frantz, whose <br />mailing address is 15645 Road GG, Rocky Ford, Colorado 81067, and Rough Cut LLC, <br />whose address is 15645 Road GG, Rocky Ford, Colorado 81067, hereafter referred to <br />as the Company. <br />WITNESS THAT: The owners for the consideration of ten ($10) and further agreements <br />hereby allows the Company an exclusive option for the purpose of processing, <br />producing, and removing construction aggregate materials on land described as <br />follows: <br />Those portions of section 4, 5, and 8 in T23S, R58W more fully described on maps in <br />the Mined Land Reclamation Board permit for this operation, as well as a north-south <br />road right-of-way in the E'/~ E'/~ Section 33, T22S, R58W south of the Rocky Ford <br />Highline Canal. <br />This Agreement with option to buy materials shall commence on the day of this <br />agreement and remain in force for a term of the life of the mine. <br />The Company shall have the right of ingress and egress to and from the subject <br />premises and to erect any temporary structures, such as screening, crushing and/or <br />asphalt or concrete plants; to stockpile material in an area of sufficient size; and to <br />employ any reasonable methods for the removal of said material. The Company shall <br />also have the right of ingress and egress for the purposes of reclamation. The <br />Company also has the right to cross through above referenced property for the purpose <br />of conducting mining operations on adjacent properties. <br />The terms hereof shall be binding upon and insure to the benefit of the heirs, <br />executors, administrators and assigns of the respective parties hereto. <br />The Owner(s) hereby warrant that they have good title to the above described <br />premises, they have lawful right to grant this option, and that they agree to hold the <br />Company harmless from any and all claims from others asserting any interest in the <br />subject land. <br />SPECIAL CONDITIONS: <br />The Company shall abide with all provisions of the MLRB pit permit issued for the <br />property. <br />