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<br />6. U~BE AND POSSE88ION OF THE PRE?SI8S6. The Lessor hereby grants <br />to the Lessee the exclusive right to prospect for, mine and remove <br />sand, gravel, and other minerals and associated materials from the <br />premises during the term of this Lease. No topsoil or overburden <br />will be removed from the premises without the consent and <br />permission of the lessor. Furthermore, the Lessee shall have the <br />right to conduct related and incidental activities in association <br />with its mining operation including, but not limited to, a <br />processing site for crushing, washing and stockpiling of materials <br />from within the lease area or adjoining gravel properties as the <br />need may arise. The Lessee shall not make any use of the property <br />which is contrary to applicable zoning regulations or contrary to <br />the provisions of any permits issued. Lessee's possession of the <br />leased premises is subject to existing roads and ditches, future <br />agreed upon accesses or roads as needed, existing oil and gas <br />lease: and rights and obligations relating thereto. The Lessor <br />reserves the right to use all portions of the leased premises not <br />necessary for the Lessee's activity and the Lessor shall at all <br />times have the right of access to the areas being used by the <br />Lessee: for purposes of inspection. The Lessor shall not engage in <br />any activity, including the running of excessive irrigation water, <br />through or near to Lessee's operations as to unreasonably interfere <br />with L,essee's operations. <br />Any sand and gravel removed from its natural state and <br />stockpiled on the leased premises or on the processing and <br />stockpiling site shall be the property of the Lessee, subject to <br />the payment of royalty upon removal from the leased Property. <br />7. ROYALTY. The Agreement shall have the following terms for all <br />processed gravel products as they are sold or removed from the <br />final .processing area. Be it understood that the final processing <br />area m+sy be an adjacent property, therefore the royalty terms shall <br />apply +ss the gravel products are sold or removed from said adjacent <br />property. <br />