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A ff(,,,( Illaut -f S <br />267099 01/04/2013 03:59:00 PM B: 864 P: 584 ESMT_AGMT <br />Page 1 of 6 R: $36.50 D: $0.00 T:$36.50 <br />eRecorded in Clear Creek County, Colorado <br />Easement A- greement <br />The Capital Central No. 3 Lode Mining Claim & <br />The Capital Central No. 6 Lode Mining Claim <br />Clear Creek County, Colorado <br />THIS EASEMENT AGREEMENT, is made this day of 2012, <br />between Clear Creek County. Colorado, a statutory county, whose address is County <br />Courthouse, 405 Argentine Street, Georgetown, Colorado 80444, Grantor, and Capital Prize <br />Mine I LLP, a Colorado limited liability limited partnership, Capital Prize Mine 11 LLP, a Colorado <br />limited liability limited partnership, Capital Prize Mine V LLP, a Colorado limited liability limited <br />partnership, and Capital Prize Mine VII LLP, a Colorado limited liability limited partnership , in <br />their capacities as co- owners of the Capital Prize Mine, jointly, Grantee. <br />For good and valuable consideration, receipt of which is hereby acknowledged, Grantor, <br />being sole owner of the Capital Central No. 5 and of The Capital Central No. 3, both more <br />particularly described below ("Subject Property'), hereby sells, conveys and quitclaims unto <br />Grantee and their respective successors and assigns as owners of the Capital Prize Mine, a <br />perpetual, non - exclusive easement in, on, under, over and across the Subject Property for the <br />purposes and subject to the conditions set forth herein ( "Easement ") for the benefit of the <br />Capital Prize Mine. <br />Subiect Property_ The Subject Property is more particularly described as follows: <br />The Capital Central No, 3 Lode Mining Claim and The Capital <br />Central No. 5 Lode Mining Claim, both being U.S. Survey No. <br />19765, described in United States Patent recorded in Book 194 at <br />Page 149, excepting and excluding any portion in conflict with <br />Survey Nos. 719, 1089, 1379, 1568, 1670, 8350 and 19276, as <br />excepted in said U.S. Patent; all situate in the County of Clear <br />Creek, State of Colorado. . <br />The Easement. This Easement is granted to Grantee for access over the surface of The <br />Capital Central No. 3 and The Capital Central No. 5, to access either of them for the purpose of <br />constructing and maintaining on either of them one air ventilation and personnel evacuation <br />shaft (not for use for minerals removal) connected to the existing underground workings of the <br />Capital Prize Mine, provided that (1) the access shall be on and over a route mutually agreed <br />upon, (2) the surface disturbance from creating and/or using the access shall be kept to a <br />minimum, reasonably agreed upon, (3) the owner of the Capital Prize Mine when the access is <br />created or when it is used shall revegetate and rehabilitate the surface if and to the extent <br />reasonably necessary to restore it to its condition before the creation or the use of the access, <br />(4) the components of the air ventilation shaft do not extend more than six feet above the <br />surface and the above - ground components are designed to minimize visual impact including <br />appropriate landscaping or design construction to conceal all such components from public <br />view, (5) within nine months after the termination or the abandonment of this easement, the <br />owner of the Capital Prize Mine will remove the components of the shaft above the surface and <br />to a depth of two feet below the surface and revegetate and rehabilitate the area disturbed by <br />the maintenance and removal of the shaft to a condition consistent with the surrounding <br />Page 1 of 6 <br />2012. 12.1 1 -3 Easement for Air Ventilation-Safety Sbutt <br />1 HT(c <br />lZiCEIVED <br />APR 10 2014 <br />Division of Reclamation, <br />Mining & Safety <br />