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4. Royalties. Lessee shall pay to Lessor the following amounts as royalty: <br /> Royalty shall be in the amount of One Dollar ( ) per dry ton (2,000 lbs). Payments <br /> shall be only for Material excavated and removed from the Property. The determination <br /> of the amount of such material so removed shall be made according to scale weight. <br /> Lessee agrees to make said royalty payments on or before the 15th day of each month <br /> following the removal of said Material. Lessee agrees to keep a strict and accurate <br /> record of all materials removed from the leased premises. Royalty will be increased by <br /> $0.03 (three cents) per year on each anniversary date of this Lease. <br /> 5. Surface Rights. Lessee shall have full right of ingress and egress to the <br /> Property. Lessee shall have the right to make use of all roadways presently existing on <br /> the Property and shall have the further right to build such additional roads as may be <br /> necessary for the production and removal of Materials hereunder. In building such <br /> roads, Lessee may use Materials from the Property, and Lessee shall not be required to <br /> pay royalties to Lessor for Materials so used. Lessee shall have the right to install <br /> equipment on the Property at no additional cost, including, but not limited to crushers, <br /> asphalt plants, conciete ready-mix plants, conveyor belts, excavating equipment and <br /> related support equipment for the purpose of excavating and processing Material from <br /> the Property and other property. The locations of such necessary equipment on the <br /> Property shall be in the sole discretion of Le�.see. <br /> Lessee shall have the right to store all crushed or processed Material and recycle <br /> material extracted and mined from said Property or other property during the term of this <br /> Lease. In the event of termination of this Lease by expiration of the term hereof, or for <br /> any reason whatsoever, Lessee shall have one year from said termination to remove all <br /> crushed or processed or recycle Material so stored. <br /> Lessee shall have the right to drill water wells on the Property for use in <br /> connection with mining operations thereon. On permanent cessation of the use of any <br /> such well, or on termination hereof, Lessee shall assign the well permit to the Lessor <br /> and leave such well and the casing therein for the use of Lessor, but Lessee may <br /> 2 <br /> [10.21[REAL ESTATE 1(b)-Franciscotti Pit.pdfl[Page 2 of 71 <br />