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• <br /> 1858175 10/08/98 Oi04Fn <br /> PAGE gOC,Uk Pfr MONtKA Tears CLK&REa t1Esn COUI4TY Co <br /> REaFEE 435.00 SUKCHG $1.00 <br /> AMENDMENT NO. 5 TO LEASE AGREEMENT <br /> Boot4249S Ff+G�379 <br /> THIS AGREEMENT is made at Grand Junction, Colorado, and effective as of the lst day <br /> of October, 1998, by UNAWEEP CHAROL.AIS RANCHES, INC. ("Unaweep"), a Colorado <br /> corporation, and WHITEWATER BUILDING MATERIALS CORPORATION <br /> ("Whitewater"), a Colorado corporation, and SONJA J. COX (also known as Sonja Jane Cox). <br /> RECITALS <br /> A. Unaweep and Whitewater are parties to that certain Lease Agreement dated <br /> July 1, 1974, which was recorded in Book 1045 at Page 180 of the real property records of the <br /> Mesa County, Colorado, Clerk and Recorder. The parties have previously modified that lease <br /> agreement as reflected in the following documents, also recorded in tite Mesa County records: <br /> Title Agreement Recording <br /> (abbreviated) Date Information <br /> Amendment March 22, 1977 Book 1099, Page 591 <br /> Amendment No. 1 February 6, 1980 Book 1250, Page 257 <br /> Amendment No. 2 November 30, 1984 Book 1520, Page 782 <br /> Amendment No. 3 December 26, 1985 Book 1568, Page 927 <br /> Amendment No. 4 December 28, 1994 Book 2119, Page 544 <br /> Due to a typographical error, the date of the original Lease Agreement is erroneously referred to <br /> as July 1, 1984, in Amendment No. 2 and Amendment No. 3 described above. The original <br /> July 1, 1974, Lease Agreement, together with the five documents described above, are referred <br /> to in this Agreement as the '`Lease." <br /> B. Unaweep and Whitewater wish to amend the Lease further upon the terms and <br /> conditions specified below by adding property owned by Unaweep to the Lease and providing for <br /> Whitewater's reclamation of the leased property after termination of the Lease. <br /> FOR VALUABLE CONSIDERATION received, including their mutual promises stated <br /> in this Agreement, the parties agree as follows: <br /> TERMS <br /> I. Paragraph A of the Lease is amended to add the following-described property <br /> ("Added Properly") to the property which is the subject of the Least: (which is defined in the <br /> Lease by the terns "Property") in Mesa County, Colorado: <br />