2009-12-21_PERMIT FILE - M2009094

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EXHIBIT N 1 of 2 Ap ,� C,ONSTJ? 7040 W. Hwy. 160 Atamosa. Co. 81101 (71% 19171 EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER THIS AGREEMENT, this 1'7 day of b keember 2009, by and between Asphalt Constructors, Inc., a Colorado Corporation, hereinafter referred to as ACI (First Party) and A.T. Investments, LLC a Colorado Limited Liability Company, hereinafter referred to as Owner (Second Party). WITNESSETH That in consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree it shall pay royalty on any and all material removed from the mining operation known as the Alamosa Pit located in the SE1 /4 of Section 33, Township 37 North, Range 11 East, N.M.P.M. Royalty rate to be paid at the unit rate (CONFIDENTIAL). ACI is to maintain all records at their office located at 7040 W. US Highway 160, Alamosa, CO 81101 and such records shall be available for Owners review upon request. I. And said party of the second party covenants and agrees that it shall: Owner does hereby grant a right to ingress and egress from said land for the purpose of exploration for and extraction of sand and gravel. 11. Other terms to be observed by and between the parties: Payments are to be made the following month for any month in which material is removed for the pit. Each check shall be accompanied by a summary of that month's activity. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of Colorado. This is the entire agreement. Signed this day and year first written above. Signed in the presence of: Allen W. King, Manag A.T. Investments, LLC Todd A. Stockebrand, President Asphalt Constructors, Inc.