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SECOND AMENDMENT TO SAND AND GRAVEL LEASE <br />THIS�ECOND AMENDMENT TO GRAVEL LEASE ("Second Amendment ") is made and entered <br />into this day of July, 2011, between Stonewall Springs Quarry, LLC ("Lessor "), and Fremont Paving <br />& Redi Mix, Inc. ("Company "). <br />WHEREAS. C.R. Evans ( "Original Landlord ") and Tenant entered into that certain Sand and Gravel <br />Lease dated April 7, 2004, and modified by that certain First Amendment to Sand and Gravel Lease dated <br />September 30, 2004 ( "Lease "). <br />WHEREAS, Original Landlord assigned all its right, title and interest in the Lease to Lessor. <br />WHEREAS, the Lease was further amended by Lessor and Company by that certain Addendum to the <br />Lease Agreement for the Evans Pit dated May 11, 2006 ( "Addendum "). <br />WHEREAS, the parties desire to terminate the Addendum and amend the Lease as it relates to the <br />royalty price on `/_' minus natural material. <br />NOW, THEREFORE, Lessor and the Company agree to modify the Lease as follows: <br />Cancellation of Addendum. The Addendum dated May 11, 2006 is hereby canceled as of the <br />Effective Date. <br />2. Royalty Payment. From and after the Effective Date, the Minerals Base Royalty for 1/2' minus <br />natural material shall be $1 ("V Natural Royalty ") unless otherwise agreed in writing between <br />Lessor and Company. The ' /z' Natural Royalty shall be subject to periodic adjustment based on Consumer Price <br />Index as provided in Section 3(b) of the Lease. <br />3. Conflict. In the event of any conflict between the terms and conditions of this Second <br />Amendment and the Lease, the terms of this Second Amendment shall control. In all other respects, the Lease <br />shall remain in full force and effect. <br />4. Effective Date. Lessor and Company agree that the Effective Date of this Second Amendment <br />shall be August 1, 2011, regardless of the date this Second Amendment is executed by the parties. <br />6. Counterparts. This Second Amendment may be executed in counterparts and all counterparts so <br />executed shall constitute one agreement which shall be binding on all of the parties hereto, notwithstanding that <br />all of the parties are not signatory to the original or the same counterpart. Signatures by facsimile and digital <br />images of original signatures in Adobe Acrobat (.pdf) format shall be given the same legal effect as original ink- <br />signatures. <br />LESSOR: <br />Stonewal rings Quarr , <br />By: <br />Print <br />COMPANY: <br />Fremont Paving & i -Mix, In <br />By: <br />Print NaftYe" : <br />