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Affidavit of Authority to Execute Financial Warranty Documents <br /> Before me this day,the undersigned Bernard Frei [name of authorized <br /> person],in his/her capacity as secretary [title of authorized person]("Affiant"), <br /> personally appeared and,being first duly sworn upon oath said: <br /> 1. This affidavit is being executed and submitted on behalf of Albert Frei and Sons,Inc. [name <br /> of business organization],a(n) corporation [legal form of business organization, <br /> e.g.,corporation,partnership,limited liability company,etc.],in good standing in the State of Colorado(the <br /> "Company"). <br /> 2. It is in the interest of the Company to execute certain financial warranty documents associated with file <br /> number M-2o14- (DBMS file number),which are required by the Colorado Mined Land <br /> Reclamation Board and Division of Reclamation Mining and Safety pursuant to Colorado law("Financial <br /> Warranty Documents"). <br /> 3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf of the Company and to <br /> bind the Company to the same. <br /> 4. Affiant is not prohibited or limited by the Company's governing documents or by any applicable law from <br /> executing the Financial Warranty Documents. <br /> 5. Affiant will inform the Division of Reclamation Mining and Safety within thirty(30)days in the event that <br /> his/her authorization to execute Financial Warranty Documents on the Company's behalf is terminated. <br /> Further,Affiant sayeth not. <br /> Bernard Frei <br /> Affiant's Name <br /> RECEIVED <br /> ..--- � <br /> Siature ^ AUG 01 2014 <br /> Division of Reclamation, <br /> Mining&Safety <br /> STATE OF Colorado ) <br /> COUNTY OF Adams ) <br /> The foregoing instnment was acknowledged before me this—31 day of 0 <br /> by Bernard Frei as Secretary of Albert Fre and SnnQ <br /> Not / <br /> MARIA E•LENA DAV A My Commission Expires <br /> NOTARY PUBLIC <br /> STATE OF COLORADO <br /> MY COMMISSION EXPIRES 2I15R016 <br />