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�&.N I .0 polo MLA -Segelke MINERAL EXTRACTION LEASE This Mineral Extraction Lease (`'Lease") made this �� day of � , 2015 effective Date"), by and between Grant Segelke, with his principal address at 35365 County Road GG, Merino, Colorado 80741, hereinafter referred to as the "Lessor" and Russell L. and Jewelie S.Yetter doing business as R & J Yetter Sand & Gravel, LLC, with X their principal address at 16757 County Road 16, Atwood, Colorado 80722, hereinafter collectively referred to as "Lessee" for the consideration as set forth hereinafter: WITNESSETH: WHEREAS, Lessor is the owner of certain real property located in the Southwest 1/4 of the Southeast I/4, and a portion of the Northwest 1/4 of the Southeast 1/4, and a portion of the Northeast 1/4 of the Southeast 1/4, and a portion of the Southeast 1/4 of the Southeast 1/4 of Section 24, Township 6 North, Range 55 West of the 6th P.M. Morgan County, Colorado (the "Property") WHEREAS, Lessee desires to extract gravel from a portion of the Property as hereinafter defined for use by Lessee in his/its business; and WHEREAS, the parties to this Lease heretofore have agreed upon certain terms, conditions and provisions to allow Lessee to extract said gravel; NOW THEREFORE, the parties to this Lease covenant and agree as follows; 1. USE/PREMISES. Lessor, in consideration of the terms set forth herein, leases to Lessee a portion of the Property for the limited purpose of mining and removing sand, dirt, gravel and rock (collectively, the "Material") located within the confines of the existing gravel pit within the Property and in accordance with the Mining Permit # M-19- 86-048 issued by the Division of Minerals & Geology of the State of Colorado, as amended (the "Permit"). The existing location of the gravel pit within the Property shall be hereinafter referred to as the "Premises". Lessee's point of entry for his/its mining activities shall be limited to the point of entry at the Premises as of the Effective Date of the Lease. Lessee shall not use another point of entry for mining at the Premises without the prior written consent of Lessor, which may be withheld at Lessor's sole discretion. Lessee shall have a right to access the Premises via the existing dirt road to the Premises, which shall not be expanded or otherwise improved by Lessee. In digging pits for the purpose of mining and removing Material, Lessee agrees to make separate stockpiles of topsoil. Lessee agrees that on the completion of the removal of Material from the Premises or upon termination of the Lease, whichever occurs first, Lessee (at Lessor's sole discretion) will place any unused Material back into the existing 1;\,S1S-064110DMDocsWINERAL EXTRACTION OS 102005.doc