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' SOURCE OF LEG.9L~IGHT TO ENTER • EXHIBIT O <br />' STATE OF COLORADO ) <br />ss. AFFIDAVIT <br />COUNTY OF 1~fESA ) <br />EDWARD M. GARDNER, being first duly sworn upon oath, <br />deposes and says: <br />1. He is the Vice President of Ihitewater Building <br />' Materials Corporation, a Colorado corporation, and is <br />empowered to act for and on behalf of said corporation in <br />all respects in connection with any applications, petitions, <br />' contracts, correspondence or activities with or before the <br />Mined Land Reclamation Board under the provisions of the <br />Colorado Mined Land Reclamation Act. <br />' 2. Of the property to be mined, that which is located <br />south of the Gunnison River is leased by the corporation <br />under a Lease agreement dated July 1, 1974, by and bettiveen <br />' UNAWEEP CHAROLAIS RANCHES, INC., as Lessor, and WHITEWATER <br />BUILDING 6tATERIALS CORPORATION, as Lessee, which agreement is <br />recorded in Book 1045 at Page 180 of the records of the <br />' bfesa County Clerk and Recorder. Said agreement is amended by <br />ar. Amendment to Lease Agreement dated Tfarch 28, 1977, recorded <br />in the office of the P.lesa County Clerk and Recorder in Book <br />1099 at Page 591. <br />3. Of the property to be mined, that which is located <br />north of the Gunnison River was purchased by Whitewater Build- <br />' ing Materials Corporation in 1965, and a 100 percent fee and <br />mineral ownership was conveyed to the corporation at that time. <br />' 4. The corporation is legally empowered to enter upo^ <br />the subject lands and to conduct its mining operations for <br />sand and gravel. <br />' _ ~ / ~ i <br />' EDWARD M. GARDNER <br />1 v <br />SUBSCRIBED and sworn to before me this c) day of <br />' June, 1977, by EDWARD M. GARDNER, Vice President of Whitewater <br />Building Materials Corporation. <br /> _ _. . <br /> <br /> <br /> <br /> `( <br />_. ~ , <br />-, , <br />~: <br />Notary Public <br />My commission expires: <br />My Commiss~a ~•-~.es Feb ^.5, I?79 <br />' (NOTARIAL SEAL) <br />48 <br />