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MINING LEASE <br /> Nissen Farm Resource <br /> This Mining Lease ("Lease"), is entered into thm47th day of February, 2017 (the <br /> "Effective Date") by and among Hall-Irwin Aggreg C, 301 Centennial Drive, <br /> Milliken, Colorado 80543 ("Landlord"), and Best Crete Company, 301 <br /> Centennial Drive, Milliken, CO 80543 ("Tenant"). La d Tenant may be <br /> individually referred to as "party" and collectively referred to t"e "parties". <br /> RECITALS <br /> A. WHEREAS, Landlord owns the property described on Exhibit A (the <br /> "Property"); and <br /> B. WHEREAS, the Property is subject to mining and reclamation permit <br /> M2003001 issued by the Colorado Division of Reclamation Mining and Safety ("DRMS") <br /> (the "State Permit") and Use By Special Review permit #1435 issued by Weld County <br /> (collectively referred to below as the "Permits"). <br /> C. WHEREAS, Tenant is interested in mining the mineral resource in, on and <br /> under the Property; and <br /> D. WHEREAS, the parties desire to lease the Property to Tenant, upon the <br /> terms and conditions set forth below. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the above facts and the mutual promises <br /> and covenants set forth below, and other good and valuable consideration, the <br /> receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: <br /> 1. Lease of Property. Subject to Tenant's obligation to pay royalties, <br /> comply with the Permits and reclaim the Property, Landlord hereby leases the <br /> Property to Tenant for the mining, stockpiling, processing and sale of the sand, <br /> gravel, rock, and aggregate mineral resource appurtenant to the Property <br /> (collectively, "Aggregate") upon the terms and conditions set forth in this Lease. <br /> 2. Term. This Lease provides for a Mining Phase and a Reclamation Phase. <br /> The Mining Phase shall commence on the Effective Date. The Reclamation Phase <br /> begins when mining is complete and continues until all performance and financial <br /> warranties required by DRMS (the "DRMS Warranties") have been released. This Lease <br /> shall terminate at the end of the Reclamation Phase. Time is of the essence and both <br /> parties desire that mining and reclamation be completed promptly and efficiently. <br /> Central Colorado Water Conservancy District. As of the Effective Date, the <br /> portion of the Property enclosed within a subsurface slurry wall is in use as an <br /> Signature Page to Nissen Lease <br />