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8. During or about 1980, my brother, Louis A. Zellitti, and I each inherited an undivided <br />25% interest in the Home Property after our parents died. See Exhibit 3 the Deed of <br />Distribution, dated February 22, 1980, regarding the E''h of the NW1/4. <br />9. My brother, Louis Zellitti, through Zellitti Properties, conveyed his undivided 25% <br />interest in the Home Property to my son, Barry Zellitti, and his wife, Martha Zellitti, on <br />or about December 15, 1991. Attached as Exhibit 5 is a copy of the Deed, dated <br />December 15, 1991, transferring his undivided 25% interest in the Home Property from <br />Zellitti Properties to Barry Zellitti and Martha Zellitti. <br />GRAVEL MINING <br />10. Gravel mining has occurred on the Home Property and Canyon Property for more than <br />approximately 50 years. <br />11. The present permitted area is operated by Hocker Construction, L.L.P., and is located <br />primarily on the Canyon Property, but also extends north on the Home Property. <br />12. Exhibit 1 shows the gravel mining that was done on the Canyon Property, but this La <br />Plata County Photograph was taken before the mining under the present permit extended <br />north onto the Home Property. The gravel mining shown on the Home Property in <br />Exhibit 1 was done more than 20 years ago. <br />13. The gravel mining is nearly exhausted in the present permitted area, and final reclamation <br />of the mined property remains to be completed. <br />14. 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 />15. On behalf of my wife and myself, I have granted and continue to grant the right of entry <br />on both the Canyon Property and the Home Property to Hocker Construction, L.L.P. for <br />the purpose of access (both ingress and egress) and for all purposes associated with its <br />business operations, including, but not limited to, the mining, crushing, storing and <br />hauling of materials and equipment. <br />Dated this 5`n day of June, 2009. <br />(Signature on Following Page) <br />AFFIDAVIT OF ANTHONY D. ZELLITTI <br />June 5, 2009 <br />Page 2