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LEASE AGREEMENT <br /> THIS LEASE (the "Lease") is made and entered into as of this 6th day of February, 2025 <br /> ("Effective Date"), by and between The Marilyn E.Diamond Revocable Living Trust dated February <br /> 3, 2021 ("Trust"), with a mailing address of 7613 Ponce Avenue, West Hills,CA 91304, the Estate of <br /> Marilyn Diamond, with a mailing address of 7613 Ponce Avenue, West Hills, CA 91304(the"Estate"), <br /> and BV Mining, LLC,a Colorado limited liability company ("By'), with a mailing address of 12433 <br /> Highway 82,Carbondale,CO 81623. <br /> RECITALS: <br /> A. Trust is the owner of an approximately 33-acre parcel of land located at 26520 County <br /> Road 301, in Buena Vista, Colorado (the "Property"). Such parcel includes an approximately 10-acre <br /> quarry,as approximately shown on the plat attached hereto as Exhibit A(the"Quarry"). <br /> B. The Estate currently holds a Limited Impact (1l0d) Designated Mining Reclamation <br /> Permit for mining operations on the Quarry(the"Permit"). <br /> C. BV and its owners have extensive experience in the ownership and operation of rock, <br /> aggregate and sand quarries. <br /> D. Trust desires to lease the Quarry to BV and the Estate desires to make BV the"Operator" <br /> under the Permit,and BV desires to lease the Quarry from Trust and to become the"Operator" under the <br /> Permit,all on the terms and conditions set forth in this Lease. <br /> AGREEMENT: <br /> NOW,THEREFORE,Trust,the Estate and BV agree as follows: <br /> 1. Incorporation of Recitals. The foregoing Recitals are incorporated into this Lease. <br /> 2. Grant. Trust hereby leases the Quarry to By,and BV hereby leases the Quarry from Trust for the <br /> Term,for the Rent,and on the following terms and provisions. Further,Trust and the Estate agree to work <br /> cooperatively with BV to take such actions as necessary to have BV designated as the"Operator"under the <br /> Permit and to allow BV to operate the Quarry as contemplated by this Lease. <br /> 3. Term. The term of this Lease shall begin on the Effective Date and shall end five(5)years from <br /> the later of(i) the date that the Permit modification is completed and issued allowing BV to operate the <br /> Quarry,or(ii)the date the relocated roadway and associated culvert described in Section 6 below have been <br /> completed (the "Operational Start Date"), and expiring on the day immediately preceding the fifth (5`'') <br /> anniversary of the Operational Start Date(the"Term"). Trust,the Estate and BV all agree to work in good <br /> faith to complete the items listed in (i)—(ii)above as promptly as reasonably practical. However, if the <br /> relocated roadway and associated culvert(i.e.,Item(ii)above)has not be completed within three(3)months <br /> after the date the Permit modification has been completed and issued allowing BV to operate the Quarry <br /> and all governmental approvals have been obtained as necessary for the construction of the culvert, this <br /> Lease shall be null and void and will terminate without any need for written notice. BV shall have two(2) <br /> options to extend the Term,each for an additional period of five(5)years, provided that at the end of the <br /> initial Term, and at the end of the first extension term, respectively, both BV and Trust so agree. If BV <br /> 1 <br /> 1 <br />