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<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 />1). All rights and privileges of every kind and nature not herein expressly granted. <br />'['O HAVE AND TO HOLD The above-described premises, with the appurtenances, unto Lessee and the <br />heirs, assigns, successors or legal representatives of Lessee, from 12:00 Noon on the 22nd day of <br />Febrvar~, 1995 ,for the term of Pve ( 5 ) yeazs, until 12:00 Noon on the 22nd day of February , <br />2000. One five year extension shall be negotiated within sixty (60) days prior to the termination date herein. <br />Lessor r•sserves the right not to renew this lease. <br />ROYALTY -- Lessor reserves as royalty, and Lessee agrees to pay to Lessor on or before the last day <br />of each calendar month following the month of production, $ .50 per ton of 2000A', or 10 % <br />~~f the gross sale price at the first point of sale, whichever is greater. <br />Within sixty days prior to the termination of each and every two-year 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 />~~f production royalty to be paid during each year of the succeeding five-year period. Failure to comply <br />with any new royalty rate set by Lessor may subject this lease to cancellation by thirty~ay written notice <br />by Lessor. <br />2. ADVANCE MINIMUM ROYALTY -- 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 AMR <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 regular 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 amounts 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 two-year 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 />Incase of assignment of this lease, all advance minimum royalty paid to the State shall be carried forward <br />and credited to the new assignee. <br />PENALTIE -- A penalty shall be imposed for, but not limited to, late payments, improper payments, <br />violations of any covenants of this lease, or any false statements made to Lessor. Penalties shall be <br />determined by Lessor and may be in the for of, but not limited to, interest, fees, and fines. <br />Page 2 of 8 <br />