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AMENDMENT TO SAND AND GRAVEL MINING LSASS <br />This Amendment to Sand and Gravel Lease (this "Amendment") is made and <br />entered into as of this ZSTTM day of /~~i21 L_ 2001, by and between More <br />Family Ranches, LLC, a Colorado Limited Liability Company with its principal <br />place of business in Steamboat Springs, Colorado 80477 in Routt County, <br />Colorado, (hereinafter referred collectively as Owner} and Western Mobile <br />Northern, Inc., a Delaware corporation and subsidiary of Lafarge Corporation <br />(hereinafter referred as Lessee). <br />Recitals <br />A. Owner and Lessee have entered into that certain Sand and Gravel <br />Mining Lease dated March il, 2001 (the "Lease"), a Memorandum of which is <br />recorded as Reception No. Gi/r(1~7L in Book at Page of the <br />real property records of the Routt County, Colorado, Clerk and Recorder. <br />B. Owner and Lessee desire to amend the Lease in certain respects. <br />Amendment <br />NOW, THEREFORE, for and in consideration of the Lease and the mutual <br />promises and covenants contained herein and the mutual benefits to each party <br />hereunder, the parties agree to amend the Lease as follows: <br />1. Section 4.4 of the Lease, titled Override Fee, is modified by addition <br />of the following provisions, all of which shall take precedence over the <br />provisions in the Lease as to the specific products and materials described <br />herein: <br />a. <br />(i) Terms defined in the Lease shall have the same <br />meaning in this Amendment except as expressly <br />provided to the contrary herein. <br />(ii) "Sand and Gravel Fees' means the Production Royalty on <br />Sand and Gravel produced from the Property, payable <br />pursuant to Sections 4.1 and 4.3 of the existing <br />Lease, or any Override Fee for imported Sand and <br />Gravel payable pursuant to Section 4.4 of the <br />existing Lease. <br />(iii) "Recycle Material" shall mean used asphaltic or <br />concrete Material removed from a job site and <br />deposited on the Property by or at the direction of <br />Lessee or its asphalt plant or concrete plant <br />sublessee in connection with paving or concrete <br />pouring jobs or projects performed by Lessee or such <br />sublessee using product containing Sand and Gravel on <br />which a Sand and Gravel Fee has become payable. <br />(iv) "Waste Material" means asphaltic or concrete material <br />produced from Sand and Gravel on which a Sand and <br />Gravel Fee is payable that is produced and then <br />1 of 5 ;/!~//f/ /~''// <br />