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~, <br />.~ <br /> <br />C. The right to grant rights-0f-way over said premises for pipelines, roads, railroads, power, <br />telegraph, telephone, ditches, and canal lines. or any other lawful purpose, or lease the <br />above-described lands for any other purpose than the one specified therein, which such grants or <br />leases shall be so made as not to interfere with the operation of this lease, and so as to require the <br />.grantees of such rights to assume all risk resulting therefrom.. <br />D. All rights and privileges of every kind and nature not herein expressly.granted <br />TO HAVE AND TO HOLD The above-0escribed premises, with the appurtenances, unto Lessee and the <br />heirs, assigns, successors or legal representatives of Lessee, from. 12:00 Noon on. the 4th day of <br />anu r 1995 ,.for the term of en (~_) years, until 12:00 !Noon on the 4_ tlt day of .ianuary , <br />2005. Any extension shall be negotiated within sixty (60) days prior to the termination date herein. Lessor <br />reserves the right not to renew this lease. <br />1. ROYALTY -- Lessor resen~es as royalty, and Lessee agrees to pay to Lessor on or before the last day <br />of each calendar morah following the month of production, $ _,~S er ton of 21(10,1p-,y'/~Yo <br />~~~ ~ <br />Within sixty days prior to the termination of each and every five-yeaz period for so long as this <br />lease remains in effect, Lessor may reappraise the property herein leased and fix and determine the rate <br />of production royalty to be paid during each year of the succeeding five-yeaz period. Failure to comply <br />with any new royalty rate set by Lessor may subject this lease to cancellation by thirty-day written notice <br />by Lessor. <br />2. ADVANCE.MINIMUMR0YALTY - As minimum and. advance:royalty;.without relation to the amount <br />of material mined from the leased premises, Lessee.shall pay annually in advance to Lessor the following <br />amounts: <br />LEASE YEAR <br />1995 <br />1996 <br />1997 <br />1998 <br />1999 <br />AMR <br />None <br />None <br />None <br />None <br />None <br />LEASE YEAR <br />2000 <br />2001. <br />2002 <br />2003 <br />2004 <br />AMR <br />None <br />None <br />None <br />None <br />None <br />Royalty due for material produced from said premises shall be credited against such advance minimum <br />royalty until the total sum is equal to the advance minimum royalty previously paid to the State, at which <br />time a regulaz monthly royalty will be due and payable as herein provided. In the event Lessee does not <br />extract minerals from the leased premises during the lease term or any term so agreed to by Lessor, the <br />minimum amounu above paid to the State will be forfeited. , <br />Acreage changes resulting from surrender or partial assignment may reduce the advance minimum royalty <br />proportionately. Further, at the end of each five-yeaz period, commencing from the original lease date, <br />Lessor may reasonably change the rate or amount of advance minimum royalty to be paid by Lessee. <br />In case of assignment of this lease, all advance minimum royalty paid to the State shall be carried forwazd <br />and credited to the new assignee. <br />Page 2 . of 8 <br />