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.ti <br />~... <br />~II ~I~IIIII~~~~~ ~I~ <br />sss <br />Evans <br />SAND AND GRAVEL LEASE <br /> <br />THIS LEASE, dated this ~~/(~day of ~i4/V , 2000 (hereinafter referred to as this "Lease"), <br />by and between C. R. EVANS (herein called "Lessor"),with an address for notice at 231 Nyberg <br />Road, Pueblo, CO 81006, and MINERAL RESERVES, INC. , a Colorado corporation (herein called <br />the "Company"), with its address at 3390 Drennan Industrial Loop S, Colorado Springs, Colorado <br />80910 (personal or courier delivery), P.O. Box 15677, Colorado Springs, Colorado 80934 (mail). <br />1*. <br />WITNESSETH <br />In consideration of the advance minimum and production royalties payable hereunder and <br />the mutual covenants and promises herein, and other good and valuable consideration, the receipt <br />and sufficiency ofwhich are hereby ac}mowledged, and on and subject to the terms and conditions <br />provided in this Lease, the Lessor hereby leases, lets and demises to the Company all stone, clay, <br />sand, and gravel in, on and under the real property situate in Pueblo County and described in Exhibit <br />A attached hereto and made a part of this Lease (hereinafter referred to as the "Property"), and the <br />exclusive right to sample, drill, and test for, develop, mine, quarry, extract, process, sell and remove <br />them during the Term of this Lease, together with any topsoil and overburden and any valuable solid <br />minerals (not including oil and gas) removed incident to such extraction, all of which are sometimes <br />hereinafter referred to as "Materials". .. <br />Property. A portion of the Property is the subject matter of a Lease <br />Agreement with Option to Buy Material dated the (5`" day of May, 1997 by and between Lessor and <br />Henry Southway and John Sliman dba JBCO which was assigned to the Company by a Lease <br />Assignment and Assumption made and entered into the 30 day oCJanuary, 1998 ("Lease Assignment <br />and Assumption") and aNon-Disturbance and Allomment Agreement made in January, 1998 by and <br />between Farm Credit Ban}: of ~Vichila ("Farm Credit") as a Mortgagee and the Company as <br />:~~ <br />Assignee ("Attomment Agreement"). Les~or'shall noti fy Farm Credit regarding this Lease and shall <br />provide to the Company an amendment to the Allomment Agreement reflecting the Property which <br />is the subject matter of this Leasc ari~~the fact That this Lease is the subject oC the Allomment <br />.Agreement. Upon execution of this Lease and the amendment to the Altornmenl Agreement by the <br />