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Such description shall be added to and become a part of this Easement by the recording in <br />• the records of Routs County, Colorado of an Addendum to this Agreement containing <br />such centerline description and the actual Property subject to this Agreement shall be <br />limited to one hundred feet (100.00') on either side of the described centerline. Such <br />Addendum shall be executed by the parties hereto. <br />SECTION 2. PAYMENTS. Grantee shall pay to Grantor the sum of Eighty <br />Thousand Dollazs ($80,000.00) in five annual payments of Sixteen Thousand Dollars <br />($16,000.00). These annual payments shall be made on Octoberlst of each year, provided, <br />however, that the first such payment shall be made with the execution of this Easement <br />and the remaining four (4) payments shall be made on October 1 of the ensuing four (4) <br />years. Thereafrer, on October 1 of each year following completion of the five payments of <br />Sixteen Thousand Dollars ($16,000.00) each, Grantee shall make additional payments to <br />Grantor in the amount of Two Thousand Dollars ($2,000.00) each year on Octoberlst <br />Such additional compensation payments shall continue until on October 151 of each year <br />until the Two Thousand Dollars ($2,000.00) October 15' payment is made in 2012, after <br />which time subsequent payments shall increase to the amount of Five Thousand Dollars <br />($5,000.00) due on October 15` of each year until the termination of this Easement in <br />accordance with this Section 2. or Section 4 or Section 15. <br />If Grantee shall fail to make any payment on October 1st of any year or materially <br />breaches its obligations under this Agreement, this Agreement shall terminate provided <br />• that such termination shall not become effective until thirty (30) days after written notice <br />has been provided to Grantee by Grantor of the default or breach, and provided further <br />that Grantee shall have the right to cure such default or breach within such thirty (30) day <br />period by making payment of the amount due or by otherwise curing the breach. <br />SECTION 3. EXISTING EASEMENTS AND AGREEMENTS. This <br />Agreement shall be subject to all easements and agreements of record for the use, <br />maintenance. repair, operation and removal of all existing access roadways and all <br />existing underground and overhead lines, wires, cables and conduits for public utilities. <br />SECTION 4. TERM OF LIMITED TERM RIGHT-OF-WAY EASEMENT. <br />The terns of this Agreement shall commence on the date hereof and continue until <br />Grantee is no longer using the Easement, and so notifies Grantor in writing of such fact, <br />or until Grantee obtains release of its reclamation bond for the real property subject to this <br />Easement from the Colorado Division of Minerals and Geology for Permit No. C-82-057 <br />as it may be revised, reissued or renewed, whichever is earlier. At such time as the <br />Colorado Division of Minerals and Geology approves of said bond release, the Easement <br />granted hereby and the Agreement shall automatically terminate, At such time that the <br />Easement and Agreement temrinate. Grantee shall execute such documents as are <br />necessary to convey any interest of Grantee in the Property to Grantee. <br />• ~ <br />