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~, ~ MiNE.RAL LEASE & RIGHT TO ENTER THIS LEASE AGREEMENT, made this 2 day of Mav ,2005 13y and between Charles Hoffman HeeinaRer called the Lessor, and Lincoln Couatv Hereinafter called the Lessee. The said Lessw is the owns of the following described real property located in the County of Lincoln State of Colorado. SW I/4 of the SE 1/4 Section 10 Township 9 Range S.i West of the 6`" l'M 1. Inconsideration of the mutual covenants heein contained, the said Lessor does, by these presents lease sod leR for the purpose heeafte mentioned, under all lawfiil warranties unto said Lessee the mineaal irtterest described in paragraph 2 hereof. _ 2. The Lessee shall have the right to mine, extract, remove and take from the above described real property all the SAND AND GRAVEL;(heieinafte called mirieaals); m _ _ _ and under said real property, with the right to remove the top-soi! or ova•-bwden above said mimeos] and also Lessee shall ]Dave the right to use necessary space for the caoustrucHon sad maintenance of anything required for the extraction an~Vw processing of minerals and space for stockpiling such minerals on the premises all without any payment is addition to the royahies and other payments herein specifically provided for. 3. The Lessee shatl have, during the term of this Lease, the unlimited right of ingress and egress for the removal of said minerals mined, extracted, removed and taken from the premises. 4. This Lease shall continue in effect from May 2005 to Mav 2025 ,and may be extended by the Lessee for an additional period of Svc L51 years, upon written notice of such extension given to the Lessor ten days before the expiration of said lease ageement. 5. The Lessee shall pay the Lessor for all minerals mined and taken from the said premises herein leased, a royalty of $1~ single axle dump truck load or $4tZ___per tandem axle dump truck load, or $5_per semi load 6. The Lessee shall pay all taxes assessed or that may be assessed against the premises herein leased during the cominuances of this Lease. 7. Lessee shall have over the aforesaid property only these rights intimately concerted with the mining and removal of said minerals including, withart limitation, the right to stockpile said mineals on the above-described real property or other lands adjaceat thereto and owned by the Lessor but within the boundary of the leased area. 8. Lessee will revegetate all damaged to the leased azea due to the mining operations and upon completion of the operation ail affected areas will be reseeded with a native grass seed mixture recommended by the Natural Resources Conservation Service and will have the right to fence the affected area irut efts tevegetation to allow undisturbed growth if needed. 9. The Lessor agrees, upon termination of the Lease Agreement by the Isessee of the property herein above described, to assume full responsibility for the condition of such property, and furthe agrees to hold harmless from any and all claims by, or liability to, third parties arising efts termination of the Lease Agreement. 10. The Lessee is to provide compensation to the Lessor for a~ damages to permanent man- made structures, which where the resuh of mining the affected land.