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i 13:52 9705323953 NCWCD PAGE 10 <br />oN; NaV ~ 32006 <br />service of written notice thereof by certified mail upon Lessee, LessIr~ll2~; a the right to declare <br />this lease terminated, and to enter onto the Leased Premises either wii~dP~ "a{94~rocess of law, <br />and to expel, remove and put out Lessee or any person occupying the Leased Premises, using such <br />force as may be necessary to do so. <br />Tn the event of the termination of the lease, Lessee shall surrender and peaceably deliver to <br />Lessor the Leased Premises, and such premises shall be in good mining condition. If, upon <br />termination of this lease for any reason, whether by surrender or expiration of term or otherwise, <br />Lessee shall not have fully complied with the terms of the lease, Lessor shall hold and retain <br />possession of the property, improvements, and equipment of Lessee as security unto Lessor for the <br />payment of rents and royalties due Lessor, or to protect Lessor against liens, or to indemnify Lessor <br />against any loss or damage sustained by Lessor by reason of the default of Lessee, for which purpose <br />Lessor is hereby given a lien upon all such property, improvements, and equipment, which lien shall <br />attach as the same are placed upon the Leased Premises. In the event Lessor shall foreclose the lien <br />in this article given to Lessor by Lessee, Lessor may itself be a purchaser at any sale thereof under <br />such foreclosure. Upon the termination of this lease for any cause, if Lessee shall remain in <br />possession of the Leased Premises, Lessee shall be guilty of an unlawful detainer under the statutes <br />in such case made and provided, and shall be subject to all the conditions and provisions thereof and <br />to eviction and removal, forcibly or otherwise, with or without process of law, as above provided. <br />31. SURVIVAL OF CERTAIN LESSEE OBLIGATIONS - In the event of surrender, cancellation or <br />termination of this lease for any reason, the Lessee shall not be relieved of its obligations under this <br />lease and any permits applicable to the Leased Premises for restoration and reclamation of the <br />Leased Premises, for payment of rents and royalties due at the time of such surrender, cancellation <br />or termination (including access to Lessee's reports and records), for indemnification and holding <br />harmless of Lessor, and forpayment of surface damages, all of which obligations shall continue until <br />fulfilled by Lessee. <br />32. TAXES -Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the <br />Leased Premises. <br />33. NO GROUND DISTURBING ACTNiTiES DURING FIRST THREE YEARS -The Lessee shall <br />not conduct any ground disturbing activities, and shall in no way disturb the ground surface or <br />subsurface of, or place any equipment on, the Leased Premises, during the first three years from the <br />date first set forth above. In the event that the Lessor gives a written notice of termination of this <br />Lease under article 15 above prior to the end of such three year period, this Lease shall terminate <br />immediately and the Lessee shall not have any further rights regarding the Leased Premises. The <br />Lessee may, with the prior written permission of the Lessor, conduct exploratory operations on the <br />Leased Premises during such three year period which do not permanently alter the surface of the <br />ground. <br />H:NIANGMENMGREEMN'I~2004109-10.04 Quarry I-ease-Stone Wholesale Corporation-FlNAl..wpd Page 9 of 10 <br />