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1. Term. The term of the Concrete Plant and Asphalt Plant Leases are extended from
<br />May 26, 2004, to December 31, 2004. Tn addition, Tenant may continue to occupy such Premises for
<br />a period of one hundred twenty days following December 31, 2004, (the "Clean-Up Period") solely
<br />for the purpose of removing plants, equipment, and material stockpiles from the Premises and for
<br />restoration of the Premises.
<br />2. Premises. Of the real property described on Exhibit B hereto, the Concrete Plant
<br />Lease will apply to and affect only that portion indicated as "Concrete" on Exhibit A attached hereto
<br />containing approximately 10 acres, and the Asphalt Plant Lease will apply to and affect only that
<br />portion indicated as "Asphalt" on Exhibit A attached hereto containing approximately 12 acres. The
<br />pazcels ofproperty described on Exhibits A (as to the Concrete Plant and Asphalt Plant Leases) and
<br />B (as to the Mining Lease) hereto aze referred to herein as the "Premises",both collectively and with
<br />respect to any particular Lease.
<br />3. Rent. The Base Rent payable pursuant to Section 3(a)(1) of the Concrete Plant and
<br />Asphalt Plant Leases commencing May 26, 2004 will be equal to 105% of the Base Rent payable
<br />under each of those Leases during the month immediately preceding May 26, 2004. The Base Rent
<br />will continue to be payable by Tenant for the Clean-Up Period.
<br />4. Clean-Up Period. All terms and conditions ofthe Concrete Plant and Asphalt Plant
<br />Leases, as modified by this Amendment will continue to apply during the Clean-Up Period. On or
<br />before the expiration or termination of the Clean-Up Period, Tenant will, in addition to other
<br />obligations contained in the Concrete Plant and Asphalt Plant Leases, restore the Premises to the
<br />general condition and repair as existed at the commencement of those Leases, ordinary weaz and teaz
<br />excepted. The parties agree that Tenant will leave on the Premises in reasonable condition, ordinary
<br />wear and teaz excepted, the saleslscale office structure.
<br />5. Use of Office by Landlord. During the remaining term of the Concrete Plant and
<br />Asphalt Plant Leases, Tenant will permit Landlord to use for Landlord's purposes one office in the
<br />sales/scale building located on the Premises on a space available basis. In addition, Landlord may
<br />occasionally use the meeting room located in that building providing Tenant does not have a pre-
<br />existing need for that room. Keys to the building and the offices will be provided by Tenant to
<br />Landlord, and Landlord is responsible to keep the offices clean and in good repair, ordinary weaz and
<br />tear excepted. Use of the office and meeting room is granted at no chazge to Landlord.
<br />6. Environmental. Section7.A.oftheConcretePlantl_easeisamendedbydeletingthe
<br />present provision and replacing it in its entirety with the following provisions:
<br />7.A. Tenant shall not use, generate, manufacture, produce, store, treat,
<br />dispose of or permit the escape of, on, under, about or from the Demised Premises, or
<br />any part thereof, any asbestos or any flammab]e, explosive, radioactive, hazardous,
<br />toxic, contaminating, polluting matter, waste, or substance or related injurious
<br />materials, whether injurious by themselves or in combination with other materials
<br />(collectively "Hazardous Materials' or anymaterial, substance, or chemical which is
<br />regulated by any federal, state or local law, rule, ordinance or regulation (collectively
<br />"Regulated Materials"), except that typical admixtures used in the production of
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