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<br />AGREEMENT <br /> <br />1. Yellow Jacket hereby grants to Corn the possession of the Property for the purposes <br />of extracting, hauling, processing and stockpiling sand and gravel, for the storage of construction <br />equipment, and for the installation of a crushing plant, asphalt hot mix plant, and a yard site. During <br />the term of the agreement, no mining by other parties on the property owned by Yellow Jacket in <br />Township 2 North, Range 98 West of the 6th P.M. shall be permitted without Corn's written <br />permission. <br />2. Com shall have the right to install machinery, equipment, personal property, telephone <br />lines, and electric lines on the Property and shall have the duty to remove such equipment from the <br />Property at the end of the lease term. <br />3. Corn shall obtain all required permits for its operations from the County and the State <br />at its cost, and Com shall have the right to mine sand and gravel under the permits issued. Corn shall <br />comply with such permits. Corn warrants that all conditions of the permits required for mining and <br />reclamation will be followed. <br />4. This Lease shall extend for the perod of ten (]0) years from the date first written <br />above. <br />5. In consideration of this Lease Agreement, Corn agrees to pay Yellow Jacket as <br />follows: <br />A. A production royalty shall be paid to Yellow Jacket based upon the number <br />of short tons of sand and gravel removed from the Property, or, in the event scales are not <br />available at the site, upon the number of cubic yards of sand and gravel removed from the <br />D:V.IAH~COIW~CARROILLEA 2 Deumbcr 5, 1996 <br />