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'~ , • .. ' AMENDMENT TO VACANT LAND CONTNACT J~ ~ TO BUY AND SELL AEgL ESTATE i ' DATED SEPTEMBER 5, 1985, BETNEEN SUN COUNTPY VENTUflES, PURCHASER, AND TEflRA CONSTRUCTION COMPANY, SELLER The above descrlDed contract, pertaining to the purchase of Certain real property situate Sn Seotion 28, Township 6 South, Aange 64 West of the 6th P. M., Elbert County, Colorado, Ss hereby amended as follows: 1. Legal Description. The Dartles hereby affirm that Che tlescrip Cion of the real property which Ss the subieot oP said contract is set forth on Exhl bit A attached hereto. 2. Earnest Money. Concurrently with the execution of this amentlment, Purchaser shall pay to Seller the sum of 525,000.00, as earnest money and part payment for the sub,Ject real property. The earnest money promissory no to heretofore deposited with ERA- "The Company" Real Estate shall be cancelled end delivered to Purchaser. 3• Operations Prior to C1osl ng. Prior to closing and commencing immediately, the Purchaser shall De entitled to mine and remove from the suDJect real property gravel and similar materials, not 1n excess of 15,000 cublo yards, sufficient Co perform Purchaser's proposed road repair and construction o~,eratlons in Sun Country Meadows, FS}ing No. 1, and Conestoga Ranchos, Elbert County, Colorado, Such mining operations shall be performed at euah reesone Dle looatlons as may be Oesignete0 by Seller antl vt111 z1 ng such reasons ble practices es may be designated by Seller. All such mining operations shell be performed under Che axis ti ng permits and leases hell by Seller and Sn accordenaa with ell regulations and requirements eppllceDla to auoh Derm its. Purchaser shall pay all royalties due under the axis tl ng contract between Seiler end the owner of the minefel rlgh CS pertai nl ng to sa ld property. Purchaser shall weigh or measure all materials removed from the property in such manner as will se tl sty Seller and [he owner of the mineral rights pertaining to sold property. . 4. Evalue[SOn and Contingencies. All provisions of paragraph 14 of the contract perte In Sng to inspection and evaluation of the property shall be deemed waived end Purchaser agrees that the property is acceptable for its purposes. IC Is antlers food and agreed that there Ss an apparent error in the legal description of the Lease Agreement dated December 7, 1982, De tween Robert D. Miller and Beverly P. Hiller and Seller, and St is further and erstood and agreed that said Robert D. Miller and Beverly R. Miller may not own all of the mineral rights unaerlying saltl property or be en tl tl ed to execute mineral leases with respect thereto. Accordingly, this agreementls expressly cond itloned upon the aDillty of Purchaser to obtain, prior to closing, a satisfactory lease from the owners of all said mineral rlghta eneblLng Purchaser tv mine antl remove nand, gravel and similar materials tram the Property. Seller agrees to cooperate with Purchaser Sn obtaining approval frao the Mined Land Reclamation Board of Purchaser's request for transfer of the mineral permit now heltl by Seller, end this agreement is further expressly conditioned upon obtaining such approval prior to cloning. 5. Closl na. The closing shall be held within 60 day fol loving the execution of this amentlment. 6. Failure to Close. The following provisions shall apply Sn the event Chia agreement shall not be closed: (al If the agreement shall not be closed due to Seller's default, of tlue to Che inability of Purchaser to obtain, pr for to the closing date, a satisfactory mineral lease covering the property, or iF Purchaser shall be unable to obtain from the Mined Land Reclamation Board approval for transfer to Purchaser of the mineral De rmit held by Seller, then Seller shall re to In out of the sums paid by the Purchaser, an amount Of X2,000.00 per acre to restore and reclaim the areas mined by Purchaser in aooordanoe with ell req ui rementa of the Mined Lend Reclamation Division