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BLATTNERvi BORROW AGREEMENT <br />ENERG <br />THIS AGREEMENT, dated April 2" 2012 <br />corporation ( "Blattner Energy"): <br />and <br />Name: Blattner Energy, Inc. Jobsite Contact: AJ McKay <br />Address: 392 County Road 50 Address: 21910 CR 3P <br />Avon, MN 56310 Limon, CO 80828 <br />Phone #: (320) 356 -7351 Phone #: 320- 247 -0759 <br />Fax: (320) 356 -7392 Fax: <br />Email: jackies @blattnerenergy.com Email: arvnm@blattnerenergv.com <br />Name: John & Brenda Higgins <br />Address: 27451 CR 3H <br />Phone #: <br />Genoa, CO 80818 <br />the owner of the property, herein referred to as the "Property Owner." <br />The Property Owner represents and warrants it is the legal property owner of the following real property ( "Property") and /or <br />its mineral rights. Such ownership may include holding legal title to, having a legal interest in, or being legally authorized <br />under a power of attorney as a legal guardian or as an administrator of on estate to exercise administrative powers over, but <br />cannot be limited by prohibiting physical changes to the property: <br />Property: Higgins Pit (Section 9) and Higgins Pit II (Section 9) <br />Township: T9S Range: R55 <br />Property Owner hereby agrees to sell and convey exclusively to Blattner Energy earthen material and agrees to permit <br />Blattner Energy to remove said material that it may determine is suitable for use on the Limon I & 11 Windfarm <br />project ( "Project ") as (choose one or more): <br />X Sand & Gravel Material <br />Rock /Aggregate Material <br />Earthen Material to be used as common or granular borrow <br />TERM: This Agreement shall be effective for the following period, or if more than one option is chosen, then according to <br />whichever is later (choose one or both): <br />X Until completion of the Project, including any warranty period <br />X Until June 30, 2013 . <br />QUANTITY: Although ity and location to be excavated is not certain, Blattner Energy shall be allowed take up <br />to approximately of material from Property to fulfill whatever requirements it may have, as <br />determined by Blattner Energy. This shall not establish a maximum or minimum quantity. Instead, it merely requires Blattner <br />Energy to obtain consent before excavating material that is more than thirty percent (30%) in excess of this approximate <br />Blattner Energy, Inc. — Confidential Document <br />, is made between Blattner Energy, Inc. and its affiliates, a Minnesota <br />County: Lincoln State: CO <br />Borrow Agreement — Page 1 of 4 LE- 09- CT- 0022 -R1 <br />