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• Page Two • <br />•4. Lessees will pay the minimum royalty payment in <br />cash or bankable funds in advance at the commencement of each <br />year during the lease with the first payment .to be made on or <br />before the inception date of this contract which is March 7, <br />1987. All minimum royalty payments shall be made in advance on <br />or before March 1 of each year during the term. <br />As ore is removed during any calendar month of the <br />lease, Lessees will pay to Lessor additional royalty per ton as <br />is provided in Schedule "B" on a monthly basis as follows: <br />Upon removal of ore from the premises, the Lessees will <br />pay to the Lessor 30~ of the amount due Lessor and 70°~ of the <br />royalty shall be paid when the material is sold. The parties <br />agree that the weight will be determined by weight tickets which <br />Lessee will furnish to Lessor for every load of ore removed from <br />the premises. Lessor makes this accommodation for Lessees as it <br />is understood that the material has to be mined, stored, crushed <br />and bagged before the same can be sold. At the end of each <br />month, Lessees shall furnish to Lessor copies of all weight <br />tickets for all ore removed from the premises which will be the <br />basis for a determination as to additional royalty due hereunder. <br />It is agreed that the royalty will not be changed <br />during the term of lease regardless of production of new products <br />from the premises, or new methods of mining, quarrying, milling, <br />screening, etc. Lessees will make the determination as to how the <br />products will be mined and the method used for removal, <br />processing, etc. <br />5. Lessor represents and warrants that he •h as the <br />right to lease the patented mining claims identified on Exhibit <br />"A" and that he also owns and has a right to lease the unpatented <br />mining claims described ~n Exhibit "A", and represents and <br />warrants that the unpatente mining claims have been properly and <br />validly located under the mining laws of the United "States of <br />America and the State of Colorado; that assessment work has been <br />done on each of the unpatented mining claims as required by law. <br />6. Lessees may install, maintain, replace and remove <br />during the term of this agreement any and all mining machinery, <br />equipment, tools and facilities now or subsequently placed <br />thereon and which they may desire for use on or in connection <br />with its operations hereunder on the said premises. Lessees <br />shall pay in full for all labor performed upon or material <br />Furnished to the said premises at the instance or request of the <br />Lessees, and shall keep the whole thereof, free and clear from <br />any liens of mechanics or materialmen. Lessees shall post, and <br />keep posted, upon saitl premises notice to the effect that the <br />same are leased and that Lessor shall not, nor will the said <br />premises, be liable for any labor performed upon or materials <br />furnished to the said premises at the instance or request of the <br />Lessees. ` ~ ''~• <br />~?~~ <br />i~~, J / <br />