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5.3 Advance Royalty Payments. That while this Lease remains in effect, the Lessee shall <br />pay, or will have paid, to the Lessor on or before the end of each lease year, royalties <br />amounting in the aggregate to not less than the amount set forth opposite each date <br />respectively as follows: <br />End of Lease Year <br />2 <br />3 and 4 <br />5 and thereafter <br />Advance Payment $ 3600 $ 4000 $ 5000 $ 5000 <br />Dollar amounts above shall be adjusted as provided in Schedule 3) Any amount so paid in <br />excess of royalties payable on production shall be advance royalties and shall be applied <br />against future production, and no royalties on production shall be paid, except to the extent <br />that there shall be a balance due on production after having applied and credited against the <br />said production the following: <br />(b) Any costs which Lessee may deduct from royalty payments as provided in Section 3.3 of <br />the Lease; and <br />5.4 Co-Mingling. If the Lessee is mining other properties, it shall have the right to co-mingle <br />the ore and concentrates from the Mining Properties with other ore and concentrates from <br />other properties, provided that Lessee weighs, samples and assays as required in accordance <br />with sound mining practices to properly allocate the mineral values amongst the <br />different ownerships. <br />5.5 The Lessee may refine, smelt or otherwise treat the production from the Mining <br />Properties at facilities operated by Lessee provided that its charges shall not be more than an <br />amount which would be charged if a non-affiliated smelter or refinery or other processing <br />facility refined, smelted or processed the production from the Mining Properties.