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2.2. Reservations. <br />2.2.1. Mineral Estate. Landlord expressly excepts from this agrenent and <br />reserve to itself, all minerals of every kind and character in, on, and under the <br />Leased Premises, other than the commercial aggregate as herein defined. <br />However, the movement or use of soils, sand, and rock by Lessee for the purpose <br />of constructing and improving the Leased Premises as required by this Lease shall <br />be permitted and shall not be construed as mining. <br />2.2.2. Surface Estate. The Landlord reserves the right to farm and preform <br />agriculture active as now being done. The mining operation will be allowed to <br />have several acres in use for mining, stock piling and equipment. The mining will <br />be done in one acre increments and removed to minimal depth of 25 feet. All <br />mining and any restoration will be done as permit requires. <br />2.3. Access to Leased Premises. Landlord hereby grants to Lessee the <br />non-exclusive right for continuous ingress and egress by motor vehicles <br />(including trucks) and on foot over the lands of Landlord from any established <br />highway or secondary road to the perimeter of the Leased Premises as may be <br />reasonably necessary to carry on the work authorized herein; provided, that <br />Landlord shall not be required to make any expenditure of money to construct or <br />maintain any such route. Such ingress and egress shall be by the least damaging <br />route to the Leased Premises and construction of permanent roadways shall be <br />subject to the prior approval of the Landlord. Lessee shall be responsible for <br />repairing any material damage done or caused to be done to Landlord's land by <br />Lessee in exercising this right and Lessee shall bear the cost and expense of such <br />repair. Lessee shall not create new ingress or egress routes without prior written <br />consent of Landowner. <br />3. LEASE TERM: <br />This Agreement shall commence upon execution of the Agreement and <br />runs through July 31, 2091. The environmental releases and indempifications <br />contained in Section * of this Lease shall survive the expiration or termination of <br />this Lease. <br />3.1. Surface Damage Payments, Royalty Payments, and Reporting: Surface Damage <br />Payments. Lessee shall pay Landowner as surface damages the sum of amounts <br />set forth below: None <br />3.2. Royalty Payments. Lessee shall pay Landowner quarterly, commencing with a <br />first quarterly payment due on September 30, 2016 and continuing on the last day <br />of every third calendar month thereafter, as royalties for mining the value will be <br />2 <br />