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COP " 999
<br /> CLAY-LSE.DOC STATE OF COLORADO J_ 1998
<br /> Rev. 12/97 STATE BOARD OF LAND COMMISSIONERS
<br /> Department of Natural Resources Uivision of Minerals Q Geology
<br /> Denver, Colorado
<br /> AMENDED AND RESTATED GENERAL MINING LEASE NO. CY 2274
<br /> CLAY
<br /> THIS MINING LEASE, Made in duplicate and entered into this 30th day of November , 1998•, by and
<br /> between the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter referred
<br /> to as Lessor, and Robinson Brick Company(by assignment)
<br /> 1845 W. Dartmouth Ave., Denver, CO 80110-1308 hereinafter referred to as Lessee:
<br /> WITNESSETH: Lessor, for and in consideration of the sum of one thousand five hundred and no/100 dollars
<br /> ($ 1,500.00 ), receipt of which is hereby acknowledged as payment of the assignment consideration, filing fee in the
<br /> amount of $ N/A, first year's rent in the amount of $ N/A, and a bonus in the amount of $ N/A, and in further
<br /> consideration of Lessee's agreement to pay two and no/100 Dollar(s)($ 2.00 ) per acre annually as rental in advance of
<br /> the anniversary date of this lease so long as said lease shall remain in effect; and in further consideration of the terms,
<br /> conditions and agreements herein and of the payments of annual rentals and royalties reserved herein, to be kept and
<br /> performed by Lessee, its successors and assigns, does hereby lease to Lessee the right and privilege of exploring and
<br /> prospecting for, developing, and mining of and taking of glaj minerals from the lands herein described, situated in the
<br /> County of Pueblo, State of Colorado,to wit:
<br /> ACRES SUBDIVISION SEC.TWP.RGE. PATENTS
<br /> 160.00 E/2SW/4;W/2SE/4 36-21S-68W None
<br /> FUND: School
<br /> containing 160.00 acres, more or less, together with the right to use as much of the surface as may be
<br /> reasonably required, including the right to reasonable ingress and egress; the right to make excavations,
<br /> stockpiles,and other improvements as may be reasonably necessary in the mining and removal of said minerals;
<br /> subject,however, to all existing easements and rights-of-way of third parties, and the rights of surface lessees and
<br /> surface owners, and further subject to the terms, conditions and agreements set out in this lease. The
<br /> above-mentioned rights may be exercised in connection with mining on other or adjacent lands only when mining
<br /> on such lands is carried on in conjunction with the actual mining on the Leased Premises.The benefits, terms, and
<br /> obligations of this lease shall extend to and be binding upon the heirs, executors, administrators, successors, or
<br /> assigns of the respective parties hereto.
<br /> RESERVING,however, to Lessor:
<br /> A. All rights and privileges of every kind and nature,except as are herein specifically granted.
<br /> B. The right to use or lease said premises or any part thereof at any time for any purpose, including the right
<br /> to explore and prospect said premises, which use and leasing of said premises shall be for purposes other
<br /> than and not inconsistent with the rights and privileges herein specifically granted.
<br /> C. The right to dispose of or lease the surface where Lessor is the surface owner.
<br /> D. The right at all times during the life of this lease to go upon said premises and every part thereof for the
<br /> purpose of inspecting said premises, and the books of accounts and records of mineral workings therein,
<br /> and of ascertaining whether or not said Lessee and those holding thereunder by and from it, are carrying
<br /> out the terms, covenants and agreements in this lease contained.
<br /> E. The right at any time to grant a right-of-way upon, over or across all or any part of said premises for any
<br /> ditch, reservoir, railroad, communication system, electric powerline, or pipeline, schoolhouse or other
<br /> lawful purpose;but that such grants shall be subject to the rights of Lessee.
<br /> F. The right at any time to place the Leased Premises into the Stewardship Trust as set forth in Sect ion
<br /> 10(1)(b)(I)of Article IX, of the State Constitution.Said placement into the Stewardship Trust shall be for
<br /> reasons not inconsistent with the rights and privileges of Lessee.
<br /> TO HAVE AND TO HOLD The above-described premises unto Lessee, its heirs, successors, assigns, or legal
<br /> representatives for the term of years, and until Twelve O'clock noon on the i day of _, and, except
<br /> as hereinafter stated, as long thereafter as minerals are being produced in paying quantities from said premises, and the
<br /> royalties and rentals provided for herein are being paid, or by any extension hereof, subject to the following terms,
<br /> conditions and agreements,to-wit:
<br /> • The anniversary date will remain January 9'per the lease originally issued in 1959.
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