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al Iga100 <br /> ON/ <br /> 2nd AMENDMENT TO <br /> BRIGHTON PIT MINING LEASE <br /> (HALL-IRWIN CORPORATION flnla HALL-IRWIN CONSTRUCTION CO../HIBE, LLC) <br /> This 2nd Amendment to Brighton Pit Mining Lease (the "2nd Amendment") is dated as <br /> of the I" day of February, 2002, by and between HIBE, LLC ("Landlord") and HALL-IRWIN <br /> CORPORATION formerly known as HALL-IRWIN CONSTRUCTION CO. ("Tenant'), and <br /> provides as follows: <br /> BACKGROUND OF AGREEMENT <br /> The following background statements are made to aid in the understanding and <br /> interpretation of this Amendment: <br /> A. Landlord and Tenant entered into a sand, gravel and aggregate mining lease dated <br /> May 5, 1997, which is known as the Brighton Pit Mining Lease and which was recorded in the <br /> Weld County Clerk and Recorder records December 31, 1997, at Reception No. 2587294. The <br /> Brighton Pit Mining Lease was amended by that certain I` Amendment to Brighton Pit Mining <br /> Lease on the 15`h day of November, 1999. The Brighton Pit Mining Lease as amended by the l" <br /> Amendment to Brighton Pit Mining Lease is referred to herein as the "Lease." Capitalized <br /> terms not otherwise defined herein shall have the meanings set forth in the Lease. <br /> B. By Articles of Amendment to Articles of Incorporation effective October 19, <br /> 1998,Tenant changed its corporate name to Hall-Irwin Corporation. <br /> C. Tenant has also Leased other property adjacent to the Property described in the <br /> Lease and Tenant intends to mine such other property before mining the subject Property. <br /> D. Therefore, Landlord and Tenant have reached an agreement to modify and amend <br /> the Lease and desire to set forth the terms in this 2nd Amendment. <br /> NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed <br /> as follows: <br /> AGREEMENT <br /> 1) Section 5 of the Lease is hereby amended to add the following provisions: <br /> a. Guaranteed Monthly Rental Payment. Tenant agrees to pay to Landlord at the <br /> end of each month a minimum monthly rental payment in the amount of Six <br /> Thousand and No/100 Dollars($6,000.00) ("Guaranteed Monthly Rental <br /> Payment")to maintain the Lease and to occupy the Property during the term of <br /> the Lease regardless of production from the Aggregate Mine under the Lease. <br /> The Guaranteed Monthly Rental Payment shall be used to offset the per ton <br /> M1997-058 EXHIBIT B <br />