PERMFILE136772

• Permit No: M2001046
• IBM Index Class Name: Permit File
• Doc Date: 5/7/2001
• Doc Name: 112 Applicaiton
• From: Owens Brothers Concrete Co.
• To: DMG
• Media Type: D
• Archive: No

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in the Survey are not in conformance with the provisions of this paragraph and
written notice of Buyer's objections is received by Seller within ten (10) calendar
days from the date of receipt of said survey by Buyer, Seller shall have a period of
ten calendar days from the date of receipt of said notice in which to cure any such
defects. In the event such defects are not cured within said ten (10) calendar-day
period, this' contract shall terminate at Buyer's option. If said written notice of
Buyer's objections to the Survey is not received by Seller or if Buyer elects to waive
the objections to the Survey, the Survey shall be accepted and this contract shall
remain in full force and effect.
e.) Due Diligence Contingency. The closing of this contract is contingent upon Buyer,
at Buyer's sole cost and expense, conducting all necessary investigations, including
but not limited to core test drilling, which shall be completed within forty five (45)
calendar days from MEC, and investigation of Seller's mineral rights, including all
sand aggregate and gravel rights to determine the feasibility of Buyer's intended use
for sand and gravel mining. In order to keep disturbance of the existing farming
operation to a minimum, Buyer agrees to coordinate with Seller in establishing
access routes to drilling sites. If Buyer is not satisfied with the results of said
investigation and written notice thereof is received by Seller within forty five (45)
calendar days from MEC, this contract shall terminate. If said written notice is not
received by Seller within the time period specified above, this contingency shall be
waived and the contract shall remain in full force and effect.
f.) Setter's Cooperation. Seller agrees to fully cooperate with Buyer in applying for
and obtaining appropriate governmental approvals for sand and gravel operations.
All such applications and approvals shall be at the sole cost of the Buyer, and no
action shall be taken prior to closing which will irevocably obligate the Seller or
encumber the Property, without the express consent of the Seller.
g.) Property Access. At all times after MEC, Buyer shall have the right of access to
the Property without charge to test, Inspect, and evaluate the Property as Buyer
deems appropriate. All such tests, inspections and evaluations shall be done in a
manner as to try not to damage any growing crops.
h.) Environmental Report Buyer shall have the option to obtain, at Its sole cost, an
environmental report concerning hazardous material on the Property. Buyer shall
have forty-five (45) days from MEC within which to give Seller written notice of any
objection to the condition of the Property as disclosed by such environmental report.

j.) Earnest Money Deposit Redemption. The earnest money check hereunder shall
be non-refundable after forty-five (45) calendar days from MEC. In the event Buyer
does notify Seller of intent to terminate this contract before 45 days from MEC all
monies plus interest are to be returned to buyer.
k.) Earnest Money Nonrefundable. The earnest money check receipted for herein
and the additional earnest money deposits set forth in Section 21(i) shall apply
against the purchase price, shall be nonrefundable, and shall become the sole and
exclusive property of the Seller except in the event of Seller's failure to perform
under this contract or deliver good and merchantable title pursuant to Sections 7
and 8 hereof.

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Permits and Approvals Contingency. The closing of this contract is contingent
upon Buyer, at Buyer's sole cost and expense, obtaining all necessary
governmental permits and approval as for mining of sand and gravel within six (fi)
months from the satisfaction or waiver of the Due Diligence Contingency set forth in
Section 21(e) ("Due Diligence Contingency"). Buyer may extend the Permits and