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267018 12128/2012 04:12:00 PM B: 864 P: 263 WD <br />Page 3 of 3 R: $21.50 D: $18.20 T:$39.70 <br />eRecorded in Clear Creek County, Colorado <br />EXHIBIT B — Mineral Right Reservation <br />RESERVING, however, unto Grantor, for itself and its successors and assigns, and <br />excepting therefrom, all of Grantor's right, title and interest in and to all minerals and <br />mineral rights on, in, under or that may be produced from the Property, limited to <br />precious metals, including precious metals occurring, found, extracted or removed in <br />combination with other mineral or non - mineral substances (collectively, the "Mineral <br />Rights "). NOTWITHSTANDING Grantor's reservation of the Mineral Rights, Grantor, <br />for itself, its successors and assigns, hereby relinquishes and grants, bargains, sells, <br />conveys and confirms unto Grantee, its successors and assigns, all rights of Grantor and <br />its successors and assigns, whether held now or hereafter, to enter upon the surface of all <br />or any portion of the Property for any purpose in connection with the development, <br />utilization, exploration or production of the Mineral Rights or any other purpose related <br />to the use or enjoyment thereof. Grantor, for itself, its successors and assigns, hereby <br />covenants and agrees that the development, utilization, exploration or production of the <br />Mineral Rights, or any other purpose related to the use or enjoyment thereof, shall not <br />impair in any way the subsurface support of the Property being conveyed to Grantee, and <br />Grantor's development and exercise of the Mineral Rights reserved hereby shall not <br />disturb or impair, in any way, Grantee's use of the Property for any purpose. Grantor <br />hereby relinquishes the right to conduct any mining activities within one hundred fifty <br />(150) feet below the surface of the Property. Grantor hereby relinquishes the right to <br />conduct any mining activities between one hundred fifty (150) and three hundred (300) <br />feet below the surface of the Property except as done consistent with a mining plan and <br />upon assurance, based on a geologic study of the mining plan conducted pursuant to <br />applicable professional standards a copy of which is provided to Grantee in advance, of <br />the adequacy of the subsurface support in the event of mining pursuant to the mining <br />plan. <br />Grantee shall have all rights and remedies available at law or in equity in the event <br />of a breach or attempted breach by Grantor of any of the covenants, obligations or <br />restrictions of this Deed. No failure by Grantee to insist upon the strict performance of <br />any of the covenants, obligations or restrictions of this Deed and no failure by Grantee to <br />exercise any right or remedy under this Deed shall constitute a waiver of any of the <br />covenants, obligations or restrictions of this Deed or waiver of any such right or remedy <br />by Grantee. <br />Simultaneously with recording of this Deed, the parties are recording an easement <br />affecting the The Capital Central No. 3 Lode Mining Claim, U.S. Survey No. 19765 and <br />The Capital Central No. 5 Lode Mining Claim, U.S. Survey No. 19765. <br />LEGALSZ <br />