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I:~. XI~~~ ~r' <br />AMENDMENT TO LEASE AGREEMENT AND OPTION TO PURCHASE <br />THIS AMENDMENT TO LEASE AGREEMENT AND OPTION TO <br />PURCHASE ("Amendment"} is entered into this day of , <br />2007, by and between WILLIAM H. PORTER ("Landlord") and L. JAMES <br />STRiGGO~V ("Tenant"). <br />WITNESSETH: <br />WHEREAS, Pursuant to a Lease Agreement dated December 4, 2001 (the <br />"L,ease"), Landlord agreed to lease to Tenant, property located in Sections 13 and <br />24, Township 8 North, Range 70 West of the 6`'' P.M., Larimer County, Colorado <br />(the "Leased Premises"); and <br />WHEREAS, the parties wish to amend certain portions of the Lease. <br />NOW, "THEREFORE, the parties agree as follows: <br />1. The legal description of the Leased Premises, as referenced in <br />Article 1.1 o1F the Lease is hereby changed. The new description for the Leased <br />Premises is a;; shown in Exhibit A-1 attached hereto. <br />2. Article 2.l of the Lease is hereby amended in its entirely to read as <br />follows: Term. The term of this Lease which commenced December 1, 2004, <br />shall terminate on December 3 1, 2030 at midnight, Mountain Standard. Time. <br />3. Article 9.1 of the Lease is hereby amended in its entirety to read as <br />follows: The .Extended Term shall commence at midnight on December 31, 2030, <br />and shall terminate at 12:00 midnight on December 3 i, 2050. <br />4. Article 11.4{a) of the Lease is hereby amended in its entirety to read. <br />as follows: Title. At least sixty (60) days prior to closing as referenced in <br />Paragraph 11.4(c~ below, Landlord shall provide Tenant with a title insurance <br />commitment iFrom the title insurance company of Landlord's choice in the amount <br />of the purchase price disclosing marketable title, free and clear of all liens and <br />encumbrance<.; except for rights of way and easements in existence of record, <br />general real estate taxes for the year of closing and thereafter, the .liens of any <br />special statutory districts and similar items. Tenant shall have ten { 10) days from <br />the date of deaivery of said title insurance commitment within which to have the <br />same examined and to advise if title is acceptable to Tenant. If Tenant objects to <br />any title defect which cannot be cured, this transaction may be terminated at <br />Tenant's option, or Tenant can elect to purchase the Leased Premises with said <br />title defect wil:hout any abatement of any portion. of the purchase price. <br />