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32. ARCHAEOLOGY -- It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric or <br />archaeological site or resource on any lands administered by Lessor. Discovery of a suspected site or resource <br />sitali be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide <br />evidence that no significant archaeological sites exist on the leased premises which could be destroyed by Lessee's <br />operations. <br />33. DEFAULT AND FORFEITURE -- If for any reason Lessee fails to keep each and every one of the covenants <br />and conditions herein, and if such default continues for a period of thirty (30) days after service of written notice <br />thereof by certified mail upon Lessee, Lessor shall have the right to declare this lease forfeited, and to enter onto <br />the leased premises either with or without process of law, and to expel, remove attd put out Lessee or any person <br />occupying the premises, using such force as may be necessary to do so. <br />In the event of the termination of the tease by reason of breach of the covenants herein contained, Lessee <br />shall surrender and peaceably deliver to Lessor the above-described premises, and such premises shall be in good <br />mining condition. If, upon termination of [his lease for any reason, whether by surrender, forfeiture or expiration <br />of teen or otherwise, Lessee shall not have fully complied with the [eons of the lease, Lessor shall hold and retain <br />possession of the property, improvements, and equipment of Lessee as security unto Lessor for the payment of <br />rents and royalties due Lessor, or to protect Lessor against liens, oc to indemnify Lessor against any loss or <br />damage sustained by Lessor by reason of the default of Lessee, for which purpose Lessor is hereby given a lien <br />upon all such property, improvements, and equipment (exclusive of rolling stock), which lien shall attach as the <br />same are placed upon the prcmises. In the event Lessor shall foreclose the lien in this article given to Lessor by <br />Lessee, Lessor may itself be a purchaser at any sale thereof under such foreclosure. Upon the termination of this <br />lease for any cause, if Lessee shall remain in possession of said premises, Lessee shall be guilty of an unlawful <br />detainer under the statutes in such case made and provided, and shall be subject to all the conditions and <br />provisions thereof and to eviction and removal; forcibly or otherwise, with or without process of law, as above <br />provided. <br />Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the leased premises. <br />'fhe bcne(its, tenus, and obligations of this lease shall extend to and be binding upon the heirs, executors, <br />administrators,successors, or assigns of the respective parties hereto. <br />34. IN WITNESS WHEREOF, Lessor has caused these presents to be executed in duplicate by the State Board of <br />Land Commissioners and sealed with the official seal of said Board, and Lessee has hereunto set his hand and <br />seal, all on the day and year first above written. <br />STATE BOARD OF LAND <br />Recommended: <br />~~~~~- <br />Minerals Director <br />W. <br />LESSEE: J 1 <br />/n /~ (/Sc E ~A~ESiO~N7 <br />~~/1G V'~C~t1~j- C'H s r c ~ ~'onl c~te~E Ci <br />Seal or Authority <br />ATTEST <br />State of .p I~12{~~1`~ „ . <br />County of . C ~ ~ASb ', ~ ..... '` <br />The foregoi )ng insntrument was acknowledged before me this ,~ day of ~~~M~#~ ~~~ , <br />by ~1(~1~ r ~ ~A(~~ ~s berg authorized1p execute same: <br />(SEAL) <br />NotaryPublic~ J /( <br />My Commission Expires ~y~~7 ~a~OCb <br />Page 7 of 7 <br />