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11111111111111111 11111111111111il 1111111111111 IN IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 7 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> 20. Royalties. Aggregate shall pay Longmont on the Bigelow and Landfill <br /> Properties ("Royalty Properties") as royalties during the term of this Second Amended <br /> Lease, including any extension of such term: <br /> a. Fifty-five cents ($0.55) per ton on all sand and gravel removed and <br /> sold by Aggregate ("Sand And Gravel Royalties") from the Bigelow <br /> Property or Landfill Property during the preceding calendar month, <br /> with proper credit being taken for Advance Royalties (as such term <br /> is defined below) previously paid to Longmont, such monthly <br /> payments to be made on the loth day of each month for the <br /> preceding month. <br /> b. Ten percent (io%) of the net mint return on all gold and other <br /> precious minerals extracted and removed in connection with sand <br /> and gravel mining operations on the Bigelow Property and Landfill <br /> Property, such amount to be paid on or before the 15th day of the <br /> month following the receipt of payment by Aggregate from the sale <br /> of such gold or other precious minerals, which sale shall be <br /> promptly and diligently conducted by Aggregate. <br /> C. No royalty is due or shall become due to Longmont for mined <br /> materials from the Bigelow, Distel Donation, Distel Option, Peschel, <br /> or Sherwood Properties. <br /> d. Any and all royalties due to Longmont on the Landfill Property have <br /> been paid and are current through October 31, 2009. <br /> 21. Adiustment to Sand and Gravel Rom. In the event more than four <br /> million (4,000,000) tons of sand and gravel are mined on the Royalty Properties, the <br /> royalties paid by Aggregate on such additional tonnage shall be increased by two and <br /> one-half percent (2.5%) per ton commencing on January 1, 2001 and on January 1 of <br /> each year thereafter during the term of this Second Amended Lease. <br /> 22. Advance Royalties. Aggregate has paid Longmont as advance Sand And <br /> Gravel Royalties ("Advance Royalties"), the sum of Two Million Two Hundred Thousand <br /> Dollars($2,200,000.00)on the Royalty Properties, and: <br /> a. The payment of Advance Royalties constituted rental for the term of <br /> this Second Amended Lease and for access in accordance with the <br /> terms of this Second Amended Lease by Aggregate across the <br /> Royalty Properties following the end of the mining operations of <br /> Aggregate in accordance with the terms of this Second Amended <br /> Lease, and entitle Aggregate to defer the start of sand and gravel <br /> mining operations or suspend the same during such period but not <br /> beyond the dates specified in Section 16 hereof; <br /> b. All Advance Royalties paid to Longmont have been applied as <br /> Page 7 of 32 <br /> Aggregate Industries <br /> Final <br />