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that are not subordinated to this Lease. Lessee will not during the term of this <br /> Lease create any non-operating interests in the Property and Mineral Rights (such <br /> as overriding royalty interests). <br /> (c) Lessor reserves unto itself, its successors and assigns, Lessor's reversionary <br /> interest in the Property, and all other estates and interests in the Property that are <br /> not the subject of this Lease. To the extent that the overburden, topsoil, loose <br /> rock or other earthen material is not, in fact, mined for sale by Lessee such <br /> material ("Unused Material") will be stockpiled on the Property pursuant to a <br /> written stockpile plan to be proposed by Lessee and approved by the Lessor. <br /> Such plan shall be submitted and approved prior to beginning mining operations. <br /> (d) In connection with and as a part of the leasehold interests hereby granted, Lessee <br /> shall have and may exercise, the following rights with respect to the Property and <br /> Mineral Rights: (i) the right to conduct operations for exploring, developing and <br /> mining the Minerals, performing such exploration, development and mining in <br /> accordance with this Lease, whether by surface or other mining methods; (ii) the <br /> right to stockpile and store on or within the Property or permanently to remove, <br /> except for the Unused Material described in section 2(c), from the Property, sell, <br /> use and dispose of the Minerals, including sand and gravel contained in existing <br /> dumps or piles on the Property, (iii) such rights of access for personnel, <br /> equipment, supplies, utilities and water as may be necessary or convenient for the <br /> conduct of Lessee's operations on the Property, excluding access upon and across <br /> any other land owned or controlled by Lessor or over which Lessor may have <br /> dominion or control; and (iv)the right to mine,extract, sort,process, mix, convert <br /> to marketable concrete or other products ("Aggregate Products"), or otherwise <br /> prepare for market and to market and sell the Minerals, together with such other <br /> rights as are related to or incidental to the exercise of the foregoing rights. As <br /> used herein, the term Minerals includes Aggregate Products and the term <br /> Aggregate Products includes Minerals. Lessee shall make no use of the Property <br /> other than the above permitted mining operations. Lessee shall not be obligated <br /> in any Lease Year or period to conduct operations for exploring, developing or <br /> mining the Minerals or to produce or remove any Aggregate Product on or from <br /> the Property, provided however, Lessee shall proceed to commence to conduct <br /> mining operations within two (2) years of the date of this Lease and shall <br /> diligently proceed with commercially feasible mining operations thereafter so as <br /> to complete extraction of the minable Minerals on the Property within the term of <br /> this Lease. <br /> 3. Term. The Term of this Lease shall commence on the date first written above and, unless <br /> sooner terminated either by Lessor or by Lessee in accordance with Paragraph 14, shall <br /> expire on December 31, 2010. Lessee will have one two year option period to complete <br /> mining, if necessary. The option must be exercised in writing 90 days prior to expiration <br /> of this Lease. References hereinafter to a "year" of the Lease shall be deemed to be <br /> 2 <br />