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IHC SCOTT, INC. <br /> Temporary Property Use Agreement <br /> This agreement is entered into by and between W. Max (William Nelson), hereinafter referred to as"Grantor", and <br /> IHC Scott, Inc. hereinafter referred to as "Grantee". Grantor covenants and agrees that he ownsthe real property <br /> (hereinafter referred to as the"Property")described as: 5S 55W Sec 8 SEI/4 <br /> This Property Use Agreement relates to the Mining of R40 Materials and Structure Fill Materials <br /> Grantor does hereby convey to the Grantee, its successors and assigns, a temporary lease for the use, access to or <br /> across,or ingress and egress to and over the property. The specific leasehold use of the Property contemplated by the <br /> parties is: <br /> (NA)Plant Site;(NA)Dump(Natural materials);(NA)Dump(Rubble);(NA)Storage Yard;(NA)Easement; <br /> (NA)Right of Way;(X)Other: Mining of R40 Materials and Structure Fill Materials. <br /> Water is()or is not(X)provided and included herein. Special considerations are:No Water to be provided <br /> In consideration therefore,the Parties agree as follows: <br /> Payment:Grantee agrees to pay the following amount(s):$60.A load for Side Dumps,End Dumps,and Belly Dumps. <br /> $30 A load for Tandem or Super 8 . Daily Total will be shared and agreed upon with the Grantor. <br /> Payment Terms: Grantee agrees to pay the above sum or sums as follows:Net 30 <br /> Lease Duration: This lease will be for the duration of the construction project described herein,and for the duration <br /> of the restoration process, not to exceed 8 months, unless otherwise specified herein: _Once 6-month duration has <br /> been reached, proceed with a monthly rate. IHC Scott will provide a 2 week notice prior to termination. <br /> Grantor's warranty of prior contamination: Grantor warrants that the subject property is free from contamination <br /> of unnatural waste materials as defined below,or other hazardous waste contamination prior to the use of the property <br /> by Grantee unless as specified herein. Accordingly,pre-existing contamination: Does not exist(XZ does exist <br /> Description of pre-existing contamination:None <br /> Description of previous use causing pre-existing contamination if any: (i.e., dump site, borrow or storage location, <br /> etc.) <br /> Photographs attached: Yes(NA)No(NA) <br /> Restoration of the Property: Grantee will restore the Property to the specified condition(s) as established by this <br /> agreement. Grantee warrants that the property shall be free of any unnatural waste materials, rubble or hazardous <br /> waste contamination contributed by Grantee's operations,upon the return of the Property to the Grantor at the end of <br /> the lease period,unless otherwise specified herein. Grantee warrants that any unnatural materials or objects brought <br /> onto the Property by Grantee will be removed by the Grantee prior to termination of this Agreement, subject only to <br /> either the express approval of the Grantor within the terms and conditions of this Agreement, or upon the Grantor's <br /> subsequent express and written permission to do so. "Unnatural" materials or objects, for the purposes of this <br /> agreement,are defined as those materials or objects which are not naturally occurring in the environment or are man- <br /> made. Grantee warrants that no such unnatural materials or objects will be buried on the Property without the <br />