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1111111111111111111 IN 11111111111111111111111111111111 <br />671381 03102/2001 01:25P AMDOC C KRu$E <br />i of 3 R 15.00 D 0.00 N 0.00 RECORDER MTSE CO <br />AMENDMENT NU BE QNE M12IN(1 LEASE <br />This Amendment is executed this 22 day of i:4ruaw 2001, by and between S&R <br />Delta Partners LLLP, a Colorado limited liability limited partnership, 1363 F Road, Delta, <br />Colorado 81416 ("Lessor"), and United Companies of Mesa County, Inc., a Colorado <br />corporation, 2273 River Road P.O. Box 3609, Grand Junction, Colorado 81502 ("Lessee"), <br />I. Recitals. <br />A. The parties have entered into a Mining Lease dated March 31, 1998, which lease <br />provides for the extraction of sand and gravel by Lessee on certain lands owned <br />by Lessor more commonly known as the Spring Creek Pit, <br />B. Pursuant to a Special Use Permit amendment, Number SU-99.1154 ("SUP'% <br />issued by Montrose County, Colorado, Lessee is authorized to install and operate <br />an asphalt plant in addition to a gravel extraction operation, subject to certain <br />conditions. <br />C. A condition precedent to the continued operation of the pit is the execution of an <br />easement ("the Easement") by and between Lessor and Robert and Irene Schleich <br />providing for the use of a haul road over and across the Schleich property for the <br />life of the Spring Creek Pit. Therefore, the Mining Lease is amended as follows: <br />11. Agreement. <br />Lessee is hereby authorized and obligated to construct, use, maintain, and repair <br />the Easement in conformity with its terms, which are attached as Exhibit A and <br />incorporated by reference. Lessee is fii Cher authorized and obligated to conduct <br />its operations under the Mining Lease in accordance with the terms of the SUP, <br />which are attached as Exhibit B and incorporated by reference. <br />2. Lessee hereby agrees to indemnify and hold Lessor and its partners, individually, <br />harmless from any and all liability to Robert and Irene Schleich arising, directly <br />or indirectly, out of Lessee's use of and operations subject to the terms of the <br />)Basement, including reasonable costs of defense. Specifically, but without <br />limitation, Lessee shall be solely responsible for making all annual or other <br />payments due to the Schleiches. The annual Easement payment shall be made in <br />the form of a two payee check naming Lessor and the Schleiches in the amount of <br />and shall be due within fifteen (15) days of <br />the effective date of the Easement and annually, on that date, thereafter. All other <br />payments shall be similarly tendered in the form of a two payee check. <br />Page 1 of 3