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111111111111111111111111 11H 1111111111111111111111 IN <br /> 3762036 04/1312011 01:01P Weld County, CO <br /> 25 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> 49• Right to Pay Liens. If any indebtedness of Longmont, including taxes, <br /> secured by a lien against the Combined Properties, is not paid when due and Aggregate <br /> reasonably deems its leasehold interest in the Combined Properties to be in jeopardy, <br /> Aggregate may, at its option and without being required to do so,pay the same. Any and <br /> all such payments shall be credited against any Sand and Gravel Royalties due to <br /> Longmont hereunder. <br /> 50. Right to Cure Violations. If Longmont is deemed to be in violation of any <br /> federal, state, or local statute, law, ordinance, regulation, or rule, and fails to cure or <br /> remedy such violation after reasonable prior written notice to Longmont in the manner <br /> set forth in this Second Amended Lease,Aggregate may, at its option and without being <br /> required to do so; cure or remedy any such violation, with the reasonable cost of such <br /> cure or remedy to be reimbursed to Aggregate as a credit against Sand and Gravel <br /> Royalties. This section shall not apply to any such violations caused by the conduct or <br /> activities of Aggregate or its agents. <br /> 51. Destruction of Landfill Property. In the event the Landfill Property is <br /> totally destroyed during the term or becomes unusable for Aggregate's contemplated use <br /> and operations hereunder, and such occurrence is not caused by Aggregate, this Second <br /> Amended Lease shall terminate as to such Property. Nevertheless, Aggregate shall <br /> continue to be liable and responsible for its obligations hereunder accrued prior to such <br /> occurrence. Longmont shall be entitled to keep any Advance Royalties due and payable <br /> to the date of such occurrence, and the Distel Option Contract, the Tull Option Contract <br /> shall continue in full force and effect according to their terms. Aggregate shall complete <br /> promptly thereafter the reclamation of the properties in accordance with the terms <br /> hereof, except for necessary changes thereto which are mutually agreed to by the parties. <br /> 52. Condemnation. If all or substantially all of the Combined Properties is <br /> taken under the power of eminent domain or conveyed under threat of condemnation <br /> proceedings, any condemnation proceeds shall be divided so that Longmont receives the <br /> total condemnation award for the Combined Properties less the value determined for <br /> Aggregate's leasehold interest, which amount shall be paid to Aggregate. Upon request <br /> of Longmont, Aggregate shall promptly provide Longmont with any information <br /> requested concerning Aggregate's lost revenues, moving expenses, lost business <br /> opportunities and other expenses caused by such condemnation proceedings. Aggregate <br /> shall accept a negotiated settlement between the condemning authority and Longmont <br /> for above related expenses. <br /> 53• Subordination. Aggregate's leasehold interest hereunder is and shall be <br /> subordinate to any deeds of trust or mortgages now on or hereafter to be placed on the <br /> Combined Properties, provided that so long as (i) this Second Amended Lease remains <br /> in full force and effect, and (ii) Aggregate is not in default under this Second Amended <br /> Lease, Aggregate's quiet possession of the Combined Properties shall remain <br /> undisturbed by Aggregate or the holder of any deed of trust or mortgage. <br /> 54• Termination and Late Payment. In the event Aggregate fails to pay any <br /> Sand and Gravel Royalties and gold royalties when due, at Longmont's discretion and in <br /> Page 25 of 32 <br /> Aggregate Industries <br /> Final <br />