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1. The HOA agrees that Bestway and its predecessor, Hall -Irwin Corporation, have <br />previously satisfied its obligation under the Reclamation Plan requiring the <br />establishment of dry land grasses, and all prior agreements, understandings and <br />obligations related to reclamation on the HOA Property are superceded by this <br />Agreement. <br />2. HOA shall issue and execute the attached letter, on HOA stationery addressed to <br />the State of Colorado and Weld County. Bestway agrees to pay to the HOA the <br />sum of $9,060.00 in accordance with the bid and recommendation attached as <br />Exhibits 1 and 2 and the HOA will use the funds to plant the trees and shrubs as <br />recommended by Earthtech and to install a drip system to provide water to the <br />trees and shrubs. HOA shall deliver the letter to Bestway in exchange for <br />Bestway's check for the payment. <br />3. In consideration of the payment the HOA agrees that Bestway and its <br />predecessor have satisfied all of its obligations for the reclamation on the HOA <br />Property as required by the Reclamation Plan. The HOA agrees to assume <br />responsibility for the trees and shrubs upon execution of this Agreement and the <br />full payment of $9,060.00. <br />4. This Agreement is between the HOA and Bestway. Should DRMS require <br />reclamation of the HOA Property In addition to that shown on the Reclamation <br />Plan, the HOA does not assume that obligation, instead it remains with Bestway. <br />The HOA does agree however, that the HOA considers this Agreement to be full <br />satisfaction of the Reclamation Plan by Bestway. The HOA releases Bestway, <br />Hall -Irwin Corporation, Weld County and the State of Colorado, Division of <br />Reclamation, Mining and Safety from all further obligations to the HOA and its <br />members arising out of or in any way related to the Reclamation Plan. <br />5. Bestway agrees to apply for a release of the lien and bond held by DRMS for <br />reclamation of the HOA property no later than 60 days from the date of this <br />Agreement and to obtain said release in a timely manner. <br />6. The undersigned warrant that they are authorized to sign this Agreement for the <br />HOA and Bestway. The parties hereto intend and agree that this Agreement <br />shall be recorded with the Clerk and Recorder of Weld County, State of <br />Colorado. <br />7. The foregoing constitutes the full and complete agreement between the parties <br />hereto related to the Reclamation Plan required by the mining permit and the <br />USR onthe HOA Property. All prior agreements and understandings, if any, <br />between and among the parties and their predecessors in interest, regarding the <br />Reclamation Plan required by the mining permit and the USR on the HOA <br />Property are hereby modified, terminated and merged into this agreement, and <br />there are no additional or different promises or obligations, oral or otherwise <br />regarding the Reclamation Plan required by the mining permit and the USR on <br />2 <br />