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Blue Pit 112 Permit Amendment <br />l <br />A ' <br />i <br />i <br />i <br />1 -� <br />, <br />2A <br />portion of Lessors property as offered at the time, which may be seventy -two (72) acres, <br />more or less, as described in EXHIBIT A attached hereto, under the same terns and <br />conditions of any acceptable offer ..received by Lessor during the term of the Lease. <br />Written notice of such acceptable offer, together with the terms thereof, shall be delivered <br />in writing to Lessee. Lessee shall have a period of thirty (30) days from and after receipt of <br />such notice in which to accept and agree to purchase the property under the same terms <br />and conditions as the acceptable offer. In the event Lessee shall decline to accept the <br />offer or shall do nothing during. said thirty (30) day period, Lessor shall be free to accept . <br />such offer and sell such property subject, however, to the balance of this Lease term, <br />21. NOTICES. Any written notice permitted or required under this Lease shall be <br />deemed given and received when delivered in person or sent by certified mail, return <br />receipt requested, to the appropriate party at the address as either party may designate by <br />written notice: <br />LESSOR: Dolores B. Blue, Trustee <br />DOLORES ( -DEE -) B. BLUE <br />REVOCABLE TRUST <br />0404 County Road 104 <br />Carbondale, CO 81623 <br />With copy to: <br />Dennis E. Baker, Esq. <br />Younge & Hockensmith, P.C. <br />743 Horizon Ct., Suite 200 <br />Grand Junction, CO 81506 <br />IJMEE: William Roberts <br />Western Slope Aggregates, Inc. <br />0304 Highway 133 <br />Carbondale, 00.81623 <br />22. CONDEMNATION. In the event of legal condemnation of any portion of the <br />leased premises, such portion of the premises shall be withdrawn from this Lease, and <br />each party shall look to the. condemnor for its damages. <br />23. OPERATION PRIOR TO LEASE TERM. Lessee and Lessor acknowledge that <br />there will be a period' of time between the. execution of this Lease by Lessee and Lessor <br />and the commencement of the term of the tease as specified in paragraph 1 herein during <br />which time the Lessee and Lessor wish the Lease and Lase terms to be in effect. During <br />that period of time, Lessee agrees .to pay to Lessor as royalty the sum of One Dollar <br />($1.00) per ton for each and every ton of sand, gravel, topsoil, dirt, and related products <br />removed from the le <br />ased prernises. All other provisions of this Lease shall apply and be in <br />full force and effect during, hat period of. time. <br />i <br />%Page 7 of 7 <br />Blue Pit May 2014 N -12 <br />