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<br />AFFIDAVIT OF BARRY ZELLITTI <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF LA PLATA ) <br />I, Barry Zellitti, being first duly sworn, state and depose as follows: <br />My wife, Martha Zellitti, and I own an undivided 25% interest in the real property in La <br />Plata County, Colorado, La Plata County Parcel Nos. 590534200801 and 590534200802 <br />("Home Property"). The Home Property is more fully described in the attached deed. <br />2. My Father, Anthony Zellitti, and my Mother, Marilyn Zellitti, own the remaining <br />undivided 75% interest in the Home Property. <br />3. My wife and I purchase our interest in the Home Property from my uncle, Louis Zellitti, <br />through Zellitti Properties, on or about December 15, 1991. Attached as Exhibit 1 is a <br />copy of the Deed, dated December 15, 1991, transferring his undivided 25% interest in <br />the Home Property from Zellitti Properties to my wife and me. <br />4. An application for an expansion of the gravel mining permit has been filed with the <br />Colorado Division of Reclamation, Mining and Safety. The proposed expanded area is <br />exclusively on the Home Property. <br />5. On behalf of my wife and myself, I have granted and continue to grant the right of entry <br />on the Home Property to Hocker Construction, L.L.P. for the purpose of access (both <br />ingress and egress) and for all purposes associated with its business operations, including, <br />but not limited to, the mining, crushing, storing and hauling of materials and equipment. <br />Dated this 5c" day of June, 2009. <br />Barry Zelli <br />Subscribed and sworn to before me on this 5t" day of June, 2009 by Barry Zellitti. <br />Q• g; , <br />0 :(S <br /> <br />My <br /> <br />Notary Public <br />: jam. Iii o??