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03/14!2001 14:27 970-352-6284 4ALL IP.WIN PAGE 65/11 <br /> <br />t, I <br />.. <br />1sT AMENDMENT TO BRIGHTON PIT <br />MINING LEASE <br />(fWl-1RWlNCORPORA770NJN186, I1C) <br />This 1° Amendment to Iw<.ining Lease is made this .~ day of November 3999 by <br />and between HIBE, LLC, of,~~,~~Q~("Landlord") toget.:er with each of the <br />Members of dte Landlord signing this A nt and Hall-Irwin Construction Co. now <br />Irnown as Hall-Irw:ut Corporatiuu, 3l?2G 4th Avenue, Greolcy, Culuraclu 60631("Toitaru"). <br />Background of Agreement. The following background statements are made to aid <br />in dte understanding noel iuterprttation of this 1` Amendmem to Mining Lcaso (the <br />„Original Mitring Lease°}: <br />A, Lar~Slunl and each of its Metrbers and Tenant entereJ into the $righton Pit ivGrdng <br />Lease dated Msy 5, 1997 to mine certain property near $righton, Colorado. <br />B. Tenant has signed a contract with AnuaJuyur Tici~sol I{azt~y ("I+irby') to buy <br />I~itby's Property that is described on Exlvbit A. <br />C. Landlord and Teuaiit dcsird to ratify lflc Original Mining Lease and amend it to <br />include the Kirby Property, <br />NOW THEREFORE, in cocuideration of tltc mutual gromists acid wvcluurts <br />contained herein, the Original Mining Lease is hereby amended as follows: <br />1, Incorporation of Recitals by Reference. All of tilt recitals are incorporatcxl <br />herein by this reference and made a part of the apreemetu of the parties. <br />2. Rstifkatlon o[ priaboal Mining Lease. The Original Mining Lease is hereby <br />ratified and confirmed by the Tenant and all Membership Interests in IiTBE, LLC. <br />3. Kirby Property Added to Original J2ining Lease. The Kirby Property is hereby <br />added to the Original ivlining Lease as if such property were a part of the original <br />legal desorption attached as i5xhibit A to the Original Mining Lease. All of the <br />farms and conditions of the original Mining I.casc shall apply to the Kirby Property, <br />including, but not limited to Paragraph 16 of the Original Mining Lease pertaining <br />to Tenant's Option to Purchase Tenant's Membership interests and the Landlord's <br />Interest. <br />4, Effeti of e~greemenf: This 1"-Ainendment to Mining Lease'shalll inane to the ~ -- ' <br />benefit of gad shall be binding on the heirs, legal rcprescntativCS, successors and <br />assigns of the parties. <br />Tin ~.1Vd ='lT~~n MH"1 cOC: _acc_a ~e rn•rr noon ..n .rn <br />