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• written notice to the Lessor of Lessee's intention to terminate this Lease on the date provided in the notice and by giving the basis on which the right to terminate has arisen; and (2) Partial Release. The Lessor has secured from Mortgage Electronic Registration Systems, Inc. ("Nominee") a Partial Release of the Lien of the Deed of Trust encumbering the surface estate demised premises from Douglas E. Starks to the Public Trustee of Larimer County for the benefit of Merrill Lynch Credit Corporation ("Lender") to secure an indebtedness in the principal sum of_and any other amounts and/or obligations secured thereby, dated November 20, 1998, and recorded November 25, 1998, at Reception No. 98103520 in the records of the Clerk and Recorder, Larimer County, Colorado. 'w 'ate NON-DISTURBANCE In the event the demised premises during the term of the lease become subject to a lien or liens of any lender or lenders, the Lessor agrees to furnish the Lessee with an agreement or agreements from the lienholders stating that the lienholder has agreed in writing to the proposed use of the severed surface estate by Lessee and that in the event of foreclosure, the Lessee shall not be joined as a party, defendant so long as it is not in default under the terms of the Lease, executed by the Lender or Lenders subordinating such loan or loans to this Lease, in a form satisfactory to the Lessee and to the Lender or Lenders. MARKETABLE TITLE • The Lessor covenants that he has good and marketable title to the demised premises in fee simple and absolute and that the same is subject to no leases, tenancies, agreements, encumbrances, liens or defects in title other than those specifically set forth in that certain Leasehold Title Insurance Commitment attached hereto and made a part hereof as Schedule A, and Lessee agrees to furnish to Lessor, on or before the approval date, withou[ cost to Lessor, a Leasehold Title Insurance Policy written by a Title Insurance Company licensed to do business in the State of Colorado on or before the approval date set forth herein. The Lessor further covenants that there are no restrictive covenants, zoning, or other ordinances or regulations, which will prevent the Lessee from conducting its quarry business on the demised premises other than those specifically set forth in the aforementioned Schedule A. The Lessee agrees to furnish to Lessor, without cost to Lessor, on or before said approval date, a current survey of the demised premises satisfactory to the Lessor. The parties hereto further agree as follows: 1. Surface Rights of Lessee. Lessee shall have the right of ingress and egress along the existing road/drive on South side of the Leased Parcel for passenger vehicles and fork lifts for use in connection with its stone quarry operation. Lessee shall have the right and privilege of erecting on the leased premises any necessary buildings, and placing on the leased premises any equipment