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royalty for materials sold from the Aggregate Mine as described in Section 5 of <br /> the Lease once production from the Aggregate Mine commences. The intent of <br /> the Guaranteed Monthly Rental Payment is to provide a minimum level of cash <br /> flow to Landlord for debt service in months when no royalty is due to Landlord <br /> and in months when less than$6,000.00 is due to Landlord for royalties. <br /> b. The parties agree that the Guaranteed Monthly Rental Payment will be treated as <br /> an advance payment of royalties and to the extent no such royalty becomes due, <br /> the Guaranteed Monthly Rental Payment shall be treated as an advance payment <br /> of the purchase price Tenant would have to pay if Tenant exercises its right of <br /> first refusal to purchase the Property under Section 16.e. of the Lease. In the <br /> event no royalty becomes due under the Lease and Tenant elects not to purchase <br /> the Property, the Guaranteed Monthly Rental Payment shall be repaid to Tenant <br /> with interest at the rate of six percent(6%)per annum at the time of sale or <br /> subsequent lease of the Property or upon transfer of any interest in Landlord other <br /> than a transfer of such interest to Tenant as provided in the Lease. The obligation <br /> to repay the Guaranteed Monthly Rental Payment contained in this 2nd <br /> Amendment shall survive termination of the right to mine the Property under the <br /> Lease. This 2nd Amendment shall be deemed a lien on the Property securing the <br /> repayment of the Guaranteed Monthly Rental Payment and said lien shall remain <br /> a lien on the Property until Tenant receives full repayment of the Guaranteed <br /> Monthly Rental Payment with interest thereon. <br /> c. The Guaranteed Monthly Rental Payment shall commence upon the effective date <br /> of this 2nd Amendment and shall continue until the 21st day of May, 2005 at <br /> which time the Guaranteed Monthly Rental Payment obligation shall cease. <br /> 2) Except as specifically provided herein,the provisions of the Lease shall remain in full <br /> force and effect. <br /> IN WITNESS WHEREOF, the parties have executed this 2nd Amendment to Brighton <br /> Pit Mining Lease the day and year first above written. <br /> LANDLORD TENANT <br /> HIBE, LLC HALL-IRWIN CORPORATION <br /> By Z/ <br /> Richard Roper <br /> Operating Manager Vice President <br /> r <br /> S:1Wp801A1Ha111rwin\HIBE12nd Amendment to Lme.doc 2 <br /> M1997-058 EXHIBIT B <br />