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14.1 -Lessor agrees to provide Lessee with an access easement to the Leased Premises, <br />Lessee shall construct any road improvements necessary for Lessee to utilize the access easement <br />provided by Lessor. Any gravel utilized by Lessee in the construction of the access road is not <br />subject to any royalty obligation to Lessor. Lessor and Lessee understand and agree a right of <br />way permit must be obtained from the BLM as part of the access easement contemplated herein. <br />The right of way permit to be obtained from the BLM shall be issued jointly to Lessor and Lessee <br />and shall provide for uses including Lessee's gravel mining operation pursuant to this Agreement <br />and Lessor's access to lands owned by them east of the leased premises for agricultural and <br />residential uses. <br />15.OPTION <br />15.1 - Lessor as additional consideration for this Agreement grants to Lessee an option to <br />enter into one or more leases for the mining and removal of any and all gravel deposits located <br />on property owned by Lessor known as the Rosenlund place described on Exhibit B attached <br />hereto. A separate Memorandum of this option shall be executed by the parties concurrently <br />herewith and recorded in the records of the Clerk and Recorder of Rio Blanco County. Lessee <br />shall have the option to enter into a lease agreement similar to this Agreement at a royalty rate <br />comparable to the then current royalty rate established pursuant to the terms this Agreement. The <br />intent of the parties is that when the economically recoverable materials are exhausted from the <br />leased premises, Lessee shall have the right and option to enter into a lease agreement for a <br />portion of or all of the land described on Exhibit B which contains economically recoverable <br />gravel deposits so that Lessee's gravel operation may continue uninterrupted. <br />16. NON COMPETITION <br />16.1- During the term of this Agreement or any additional Agreement entered into <br />between Lessor and Lessee pursuant to paragraph 15 above, Lessor shall not enter into any <br />business either directly or indirectly which would be in competition with the gravel mining <br />business conducted by Lessee pursuant to the terms of this Agreement in an area within a thirty <br />mile radius from the leased premises. <br />17. WARRANTY OF TITLE <br />17.1 -Lessor by the execution of this Agreement warrants to Lessee they own the leased <br />premises and the property described on Exhibit B free and clear from any obligations, <br />encumbrances or liens which would have priority over this Agreement. In the event any person or <br />entity other than Neal J. Dow and Anna Dow have any rights which may be superior to the rights <br />of Lessee pursuant to this Agreement, Lessor agrees to disclose such rights to Lessee and obtain a <br />subordination of such rights to this Agreement. <br />Lessor warrants and will defend title to a surface estate of leased premises and the materials <br />Page 7 of 10 <br />