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Affidavit of Authority to Execute Financial Warranty Documents <br />P1 ppi'l 4/ al z <br />Before me this day, the undersigned Bennie Koch Jr and/or Shawnee Koch [name of authorized <br />person], in his/her capacity as Managing Members [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 Rocky Mountain Excavating,LLC [name <br />of business organization], a(n) Limited Liability Company [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 1994-092 (DRMS 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 />STATE OF 110&..0 ) <br />IX ss.: <br />COUNTY OF C7) <br />The foregoing instrument was acknowledged before me this 1 day of j <br />by n ltiie ko�t J/ as Cel l'b� ✓' of c IIIA aL xCjctLAL , L C <br />Notary Public44 <br />�1tiVVL �i� <br />My Commission Expires <br />LYNNETTE MSAREW <br />NOTARY PUBUC <br />STATE OF COLORAW <br />NOTARY ID 20024011 W4 <br />W COMMISSION EXPIRES MAY 4,201 1 <br />RECEIVED <br />C -) CN, �;11; I1CC14 <br />Affiant's Name <br />JUN 2 2 ? W <br />Division of Reclamation, <br />Signature <br />Mining & Safety <br />STATE OF 110&..0 ) <br />IX ss.: <br />COUNTY OF C7) <br />The foregoing instrument was acknowledged before me this 1 day of j <br />by n ltiie ko�t J/ as Cel l'b� ✓' of c IIIA aL xCjctLAL , L C <br />Notary Public44 <br />�1tiVVL �i� <br />My Commission Expires <br />LYNNETTE MSAREW <br />NOTARY PUBUC <br />STATE OF COLORAW <br />NOTARY ID 20024011 W4 <br />W COMMISSION EXPIRES MAY 4,201 1 <br />