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Feb 0910 02:22p Mko Clamonts 970�259-1906 � p,22 .
<br /> AMENDMENT AND RAT FICATION OF MTMNG LEASE
<br /> This Amendment and Ratification of Mining Lease ("Amendment')is entered into by
<br /> and between.FMRVIEW LAND CORP.,a Colorado corporation,whose principal office address.
<br /> is 3060 Brighton Boulevard, Denver, Colorado 90216 ("Fairview") and WILDCAT MINING
<br /> CORPORATION, a Nevada corporation, whose principal ogee address is 3643 Baker Street,
<br /> San Diego,.Cali&rnia.92111 ("Wildcaf (collectively, the "Parties'), effective the Ist day,of
<br /> June,2006("Effective Date").
<br /> WHEREAS,the Parties entered into a Mining Lease dated June 1,2006, recorded on
<br /> at.Reception No. of the records of LaPlata County, Colorado
<br /> ("_dining Lease');and.
<br /> %W EREAS,the Parties desire to ratify and amend the terms of the Nfining Lease insofar
<br /> and only insofar as those terms concern (i) the signatories thereto and (A) the use of access
<br /> easements and rights-of way by Wildcat which touch,cross,pass over,or otherwise concern the
<br /> lauds and Mining Properties as defined in the Mining Lease.
<br /> NOW THEREFORE, in consideration of the mutual covenants and promises recited
<br /> herein,and other good and valuable consideration,the receipt of which is Hereby acknowledged,
<br /> 1 the Parties hereby agree as follows:
<br /> 1. RATIFICATI01;. The Parties hereby ratify, confirm, and accept.all terms and
<br /> Itsprovisions of the Mining Lease, the Schedules thereto,the term thereof,and the lands covered
<br /> thereby, and agree, on their bebalt and on behalf of their respective predecessors, successors,
<br /> assigns,executors,officers,members, directors,agents, and representatives to be legally bound
<br /> thereby.
<br /> 2. A'v NDMENT OF SIGNATQRIES, The Parties acknowledge ministerial errors
<br /> in the names of the signatory parties to the Mining Lease, and Fairview and Wildcat hereby
<br /> ratify,confirm,and accept all terms and provisions of the Mining Lease as if they had personally
<br /> executed the same in their proper corporate naives.
<br /> f 3. AMENDMENT OF LESSEE'S ACCESS, Fairview hereby lets and leases to
<br /> Wildcat, subject to.the.terms and provisions of the Mining Lease,all easements,licenses,water
<br /> and water rights and other rights and privileges now owned by Fairview, or which may be
<br /> acquired in the future,which touch,pass, cross over, or otherwise concern the lands defined as
<br /> the Mining Properties in the Mining Lease, and which may be used in connection with
<br /> exploration, development,and mining on said Mining Properties. This amendinent is intended
<br /> by the Parties to extend to Wildcat the right to-use and possess, subject to the terms of the
<br /> Mining Lease, all casements and rights-of-way which touch, pass, cross over, or otherwise
<br /> concern the Mining Properties, including, without limitation, (i)the Grant of Easement and
<br /> Agreement dated April 3,2009, recorded on April 18, 2008, at Reception No..975396,-of the
<br /> records of LaElata County,Colorado, between Fairview and 01co Properties,LLC and(U)that
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<br /> certain proposed road, which may in the future be located over and across a'portion of the
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