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11111111111 Hill 113111111111111111111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 27 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> b. If to Aggregate: <br /> i. Senior Vice President <br /> Aggregate Industries -WCR, Inc. <br /> 1707 Cole Blvd., Suite 100 <br /> Golden, CO 80401 <br /> With copies to: <br /> ii. R. Gregory Stutz, Esq. <br /> Stutz, Miller&Urtz, LLC <br /> 166o Lincoln Street, Suite 2850 <br /> Denver, CO 80264 <br /> Either party may change the person and address for notices by sending the appropriate <br /> notice pursuant to this section. <br /> 59• Aggregate Default. Any of the following events shall constitute a default <br /> under this Second Amended Lease by Aggregate: <br /> a. The failure by Aggregate to pay when due royalties or other sums <br /> required to be paid according to the terms of this Second Amended <br /> Lease; <br /> b. The failure by Aggregate to perform or comply with the covenants, <br /> terms, and conditions set forth in this Second Amended Lease, <br /> provided that the same are not cured within thirty (3o) days after <br /> written notice thereof from Longmont to Aggregate, provided that <br /> Aggregate's time to cure such default shall be extended for such <br /> additional time as shall be reasonably necessary if (i) Aggregate <br /> proceeds with due diligence during period to cure any such default <br /> and is unable by reason of the nature of the work involved to cure <br /> the same within such period, (ii) such extension of time shall not <br /> subject Longmont or Aggregate to any liability, civil or criminal, and <br /> (iii) the Interest of Longmont in this Second Amended Lease or the <br /> Combined Properties shall not be jeopardized by reason thereof; <br /> C. The commencement, after the date hereof, of voluntary bankruptcy, <br /> insolvency, readjustment, liquidation, dissolution, assignment for <br /> the benefit of creditors, or similar relief proceedings by Aggregate; <br /> d. The adjudication of Aggregate as a debtor in any involuntary <br /> bankruptcy proceedings; <br /> e. The appointment of a trustee, receiver, or liquidator for Aggregate <br /> or a substantial part of its properties; <br /> Page 27 of 32 <br /> Aggregate Industries <br /> Final <br />