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: IIIIIII IIIII illii illll 111111 IN 111111111111111 IN IN <br /> 3216932 09/08/2004 02:10P Weld County, CO <br /> 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder <br /> following any month in which sand, gravel and aggregate are sold by Tenant. During certain <br /> months of the year, it may be impractical to remove and sell sand, gravel and aggregate because <br /> of weather conditions. No report shall be required for any month during which no sand, gravel <br /> and aggregate have been sold. Tenant shall keep accurate record of all sales of sand, gravel and <br /> aggregate. <br /> 7. Surface Rights of Tenant. Tenant may clear and remove brush and undergrowth <br /> from portions of the Property as may be reasonably necessary to explore for sand, gravel and <br /> aggregate, or to locate pits, quarries and stockpile areas. <br /> In order to obtain access to the Property and to carry on its operations, Tenant <br /> shall have the right to make use of all roadways now existing on the Property, and shall have the <br /> right to build such additional roads as may be necessary for the production and removal of sand, <br /> gravel and aggregate. In building the roads, Tenant may use sand, gravel and aggregate from the <br /> leased area. Tenant shall not be required to pay royalties to Landlord for sand, gravel and <br /> aggregate so used. <br /> Tenant shall not erect a concrete batch plant, on the Property <br /> Tenant shall have the right to drill water wells on the Property for use in <br /> connection with mining operations. On permanent cessation of the use of any well, or on <br /> termination of this Lease, Tenant shall leave the well and the well casing for the use of Landlord, <br /> but Tenant may remove any pumps or motors it has installed or caused to be installed <br /> 8. Damage to Water Wells and Improvements. Tenant will repair any physical <br /> damage, created from the mining operation, to water well equipment, drinking troughs, storage <br /> tanks, and other similar improvements on the Property. Damages to water wells shall not include <br /> a reduction in the water table. <br /> 9. Protection and Restoration of Surface. In digging pits for the purpose of <br /> producing and removing sand, gravel and aggregate, Tenant shall make separate stockpiles of <br /> topsoil and of waste substances. Before termination of the Lease, Tenant shall plow, level and re- <br /> seed with grass all areas where roads and stockpiles have existed pursuant to Tenant's <br /> Reclamation Plan. <br /> 10. Payment of Taxes. Landlord shall pay all real estate taxes levied against the <br /> Property before they become delinquent. If Landlord fails to pay the taxes, Tenant may at its <br /> option, pay the taxes and assessments that could become a lien against the Property. Tenant shall <br /> reimburse Landlord for the amount of said taxes thirty (30) days after billing. The Tenant shall <br /> pay, before they become delinquent, all taxes levied against personal property owned or leased by <br /> it, all taxes on aggregates and other materials owned by Tenant or removed from their natural <br /> state, all sales or inventory taxes and all payroll taxes relating to its operation. <br /> - 3 - <br /> M1997-0 58 EXHIBIT B <br />