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N-8 <br /> FIRST AMENDMENT TO SAND MINING LEASE <br /> This First Amendment to Sand Mining Lease (this "Amendment's is made and entered into <br /> effective as of October 30, 2019 by and between Guttersen Exchange, LLC (hereinafter referred to <br /> as the"Landlord'},and Colorado Sand Company, LLC (hereinafter referred to as the"Tenant"). <br /> RECITALS: <br /> A. The parties entered into a Sand Miming Lease dated effective May 14, 2019 ("Lease") <br /> for property located in Ward County,Colorado,as more particularly described in such Lease. <br /> B. The parties desire to amend the Lease to add additional property being leased, add <br /> additional property to the area being mined prior to permanent operations, and such othefterms and <br /> conditions as contained herein. <br /> AGREEMENTS: <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br /> contained and for other good and valuable consideration the receipt and sufficiency of which are <br /> hereby acknowledged, the parties agree as follows: <br /> 1. Recitals and Capitalized Terms. The foregoing recitals are hereby incorporated into the <br /> terms of this Amendment. All capitalized terms not defined herein shall have the meaning <br /> given to them in the Agreement. <br /> 2. Proms Section 5 of, T2N, R63W, 6'j` P.M. is hereby added to Exhibit A and the <br /> definition of Property that is being leased by Tenant. Exhibit C of the Lease is hereby amended <br /> to add the title matters for such additional property as set forth on Exhibit A attached to this <br /> Amendment. <br /> 3. hLujag During Temporary Operations. Notwithstanding anything to the contrary set <br /> forth in Section 1.2 of the Lease, prior to completion of the Full Sand Production Facility, in <br /> addition to the 10 acres set forth on Exhibit B, Tenant may mine the area shown on Exhibit B <br /> attached to this Amendment,being approximately 206 additional acres("Additional Temporary <br /> Phase Acres"). The Temporary Production Plant Royalty amount shall remain applicable to <br /> Material produced from the original 10 acres, but the Production Royalty amount shall be <br /> applied to the Material produced from the Additional Temporary Phase Acres,to be credited to <br /> the Royalty Advance. <br /> 4. Landlord's Use. The last paragraph of Section 1.2 of the Lease is hereby amended to <br /> read, in its entirety, as follows: <br /> Landlord reserves the right to graze cattle on portions of the Property not being used by Tenant <br /> (`Landlord's Use"), but shall not otherwise be entitled to use the Property. To facilitate <br /> Tenant's compliance with Mine Safety and Health Administration regulations, Tenant shall <br /> have the right to restrict access to its plant,active mining areas,and associated facilities. Tenant <br /> will fence off the areas then being mined or reclaimed("Fenced Sections"),and Landlord may <br /> use all area not within the Fenced Sections to graze its cattle. After mining and reclamation is <br /> completed in a Fenced Section, Tenant will remove the fencing so that cattle may freely graze <br /> Keenesburg No. 2 Mine_112 Reclamation Operation—November 22, 2019 <br />