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A,6q 16zPm <br />Affidavit of Authority to Execute Financial Warranty Documents <br />V eC9z7 <br />Before me this day, the undersigned Daniel T. Griffith [name of authorized <br />person], in his/her capacity as cFo [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 CPX II Operating LLC jname <br />of business organization], a(n) Foreign LLC [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 200a•027 (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 />Affiant's Name <br />„e•"��" <br />Signature <br />i <br />STATE OF ) <br />COUNTY OF ) <br />he foregoing instrument was ac wl before me this day ofof <br />by <br />,puuu, <br />DEE ANN LAMBERT <br />Notary Public, State of Texas <br />My Commission Expires <br />bil- ' December 19, 2016 <br />RECEIVED <br />'JUL 2 0 2015 <br />DWisimm(of RWWMA " <br />ICQlimimg & <br />Notary Public <br />My Commission Expires —�! -:�� <br />