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e io <br />Affidavit of Authority to Execute Financial Warranty Documents <br />M <br />RECEIVED <br />APR 3 0 2012 <br />Division of Reclamation <br />Before me this day, the undersigned Kenneth R. Allen, in his capacity as Vice President- Safety <br />Finance and Chief Financial Officer, personally appeared and, being first duly sworn upon oath <br />said: <br />[SEAL] <br />1. This affidavit is being executed and submitted on behalf of TXI Operations, LP, a <br />Delaware limited partnership, in good standing in the state of Delaware (the <br />"Company "). <br />2. It is in the interest of the Company to execute certain financial assurance <br />documents associated with file number M -1988 -108, which are required by the <br />Colorado Mined Land Reclamation Board and Division of Reclamation Mining <br />and Safety pursuant to Colorado law ( . <br />3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf <br />of the Company and to bind the Company to the same. <br />4. Affiant is not prohibited or limited by the Company's governing documents or by <br />Colorado law from executing the Financial Warranty Documents. <br />5. Affiant will inform the Division of Reclamation Mining and Safety within thirty <br />(30) days, or in any event prior to execution of Financial Warranty Documents, in <br />the event that his authorization to execute Financial Warranty Documents on the <br />Company's behalf is terminated. <br />Further, % ff ant sayeth not. <br />Kenneth R. Allen <br />Vice President - Finance and <br />Chief Financial Officer <br />The foregoing was acknowledged, subscribed, and sworn before me this A ? i H day <br />of A-P t , 20 / �-, by Kenneth R. Allen, he is personally known to me. <br />„111 <br />. IIII/I�I <br />1tYP� - GWYNN E. HERRICK <br />e l m : <br />' : 0 Notary Public State of Texas <br />Commission Expires <br />SEPTEMBER 7, 2012 <br />ary ublic in and for the State of Texas <br />