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THIS AGREEMENT, made this 26 h day of March 2010, by and between Asphalt Constructors, Inc., a <br />Colorado Corporation, hereinafter referred to as ACI (First Party) and MJJD Company, LLC a Limited <br />Liability Company, hereinafter referred to as Owner (Second Party). <br />WITNESSETH That in consideration of the mutual covenants and agreements to be kept and <br />performed on the part of said parties hereto, respectively as herein stated, the said party of the first <br />part does hereby covenant and agree it shall: <br />1. ACI does hereby agree to pay royalty on any and all material removed from the mining operation <br />known as the Del Norte West Valley Pit located in ALL THAT PART OF THE S1/2 OF THE NW1/4 <br />AND THE N1/2 OF THE SW1/4 OF SECTION 21, LYING EAST OF STATE HWY 112 AND NORTH <br />OF THE LATERAL No. 1 OF THE RIO GRANDE CANAL; THE S1/2 OF THE NE1/4; AND ALL THAT <br />PART OF THE SE1/4 OF SECTION 21, LYING NORTH OF LATERAL No. 1 OF THE RIO GRANDE <br />CANAL, ALL IN TOWNSHIP 40 NORTH, RANGE 6 EAST OF THE NEW MEXICO PRIME <br />MERIDIAN. Royalty rate will be paid at the unit rate to be reviewed annually. Royalty <br />rate may be changed upon mutual agreements of both parties. ACI is to maintain all records at their <br />office located at 7040 W. US Highway 160, Alamosa, CO 81101. All records shall be available for <br />Owners review upon request. <br />2. And said party of the second party covenants and agrees that it shall: Owner does hereby grant a <br />right to ingress and egress from said land for the purpose of exploration and extraction of sand and <br />gravel, and such processing equipment needed included but not limited to crushers, screens and <br />asphalt plants. <br />3. Other terms to be observed by and between the parties: Payments are to made the following <br />month for any month in which material is removed from the pit. Each check shall be accompanied by <br />a summary of that month's activity. <br />This agreement shall be binding upon the parties, their successors, assigns and personal <br />representatives. Time is of the essence on all undertakings. This agreement shall be enforced under <br />the laws of the State of Colorado. This is the entire agreement. <br />r <br />Signed: MJJD Company, LLC. <br />Mike McDonald <br />Signed: Asphalt Constructors, Inc. ;0,0 <br />1441, <br />Todd A. Stockebrand