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• <br />JLIL.10.2001 12~ 27PM <br />LNITED COMPAN'.ES <br />• <br />N0.423 P.8 <br />within which to remove any plants, structures, or equipment placed oa the leased premises by <br />Lessee and nay materials mixed and produced bnt not removed on the date of termination, <br />subject to payment of royalties as provided in this Lease. <br />XV, RIGHTS TO AADTITONAL MINERALS <br />If say minerals as distinguished from sand, gravel, rock or dirt shall be found on the <br />Leased Property, it shall belong to Lessor, provided, however, Lessee shall have first right and <br />option to mine the minerals undo the terms and conditions the parties may then agree upon. <br />Further, if ao agreement to mine the minerals is agreed to by Lessor and Lessee, Lessor shall not <br />have the right to thine the minerals to the exttnt its mining of the miterals interferes with <br />Lessee's Gravel Mining Operations and quiet enjoyment of the Leased Property. <br />XVI, EFFECT OF AGRI3EMENT <br />r~ <br />This agreement shall inure to the benefit of, and shall be binding on, the heirs, legal <br />representatives, successors, and assigns of the parties, The parties' rights and obligations under <br />this Lease may not be assigned or sublet without the prior written consent of the other party, <br />which consent shall not be unreasonably withheld Lessee shall have the right to subca~ntract <br />with others for the performance of exploration, development and mining work on the Leased <br />Property, subject to all terms of this Lease, but a subcontract shall not relieve Lessee of its <br />obligations under thin Lease to Lessor. <br />XVII, LESSOR'S W~$$~5 <br />Lessor represents and warrants that it possesses fee simple title to the Leased Property, <br />that it has the right, authority and power to enter into this Lease and that by doing so it is not <br />interfering with the mineral rights of any third pazty; and that there ere no claims, governmental <br />contention or litigation pending or threatened concerning or affecting heir right, authority and <br />power to enter into this Leese. Lessor tlurthet represents and warrants that the only <br />encumbrances upon the Leased Property are those described in Exhibit B. Lessor agrees to <br />timely pay all amounts due on encumbrances on the Leased Property, or any part thereof, and <br />to not allow the leased premises, or any part thereof to be foreclosed upon. In the event of a <br />breach ofthis Lease, Lesseemay, but isnot obligated to, cure any default a~n such encumbrances; <br />in which case, Lessee shall be emitled to set off against amounts otherwise due Lessor, any and <br />all amounts so ezpeaded, includingL,essee'sreosonable attorneys' fees and expenses therefrom, <br />and including interest on amounts so expended at the rate of twelve percent (12%) pet annum. <br />• <br />