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N-21 <br />3. Unrecorded Amended and Restated Lease Agreement dated March 15th, <br />2002 by and between Cherry M. Lawrence, as Trustee of the Cherry M. <br />Lawrence Revocable Trust, Dated October 3rd, 1983 and as partial successor <br />in interest thereto, Caroline M. Black Blydenburgh and Leslie Black Tawfik <br />and Cripple Creek & Victor Gold Mining Company. <br /> <br />4. Unrecorded Mining Lease dated July 24, 1996 between John W. Houlihan <br />and William N. Houlihan, as Successor Trustees under that certain Trust <br />created October 20, 1975, as amended October 19, 1995, Lessor, and <br />Cripple Creek & Victor Gold Mining Company. <br /> <br />5. A Surface Lease Agreement by and between Bear Creek Development <br />Corporation and Cripple Creek & Victor Gold Mining Company, dated May <br />1, 1998, a Memorandum of which is recorded as Reception No. 477509. <br /> <br />6. State of Colorado General Mining Lease No. GM 3149, dated August 8, <br />1990. <br /> <br />7. State of Colorado General Mining Lease No. GM 3150, dated August 8, <br />1990. <br /> <br />8. A Mining Lease and Option to Purchase dated May 8, 2002 by and between <br />Humphries Corporation and Cripple Creek & Victor Gold Mining <br />Company, a Memorandum of which is recorded as Reception No. 535831. <br /> <br />C. Interests Owned by Co-tenants. <br /> <br />Colorado has a statute granting broad rights to a co-tenant of mining property. This <br />statute specifies that any tenant in common shall have the right to “enter upon, occupy, <br />prospect, develop and work” a mine, “in a minerlike manner, extracting, milling, and <br />disposing of the ore from the common property without the consent of any nonworking <br />tenant in common, subject to accounting to the nonworking tenant in common for his <br />proportionate share of the net profits of such mining operations” C.R.S. §34-44-103. <br /> <br />Although consent of a nonworking co-tenant is not required, the working co-tenant who <br />wishes to take advantage of this statute must give prior notice to any nonworking co- <br />tenant, stating the intention to work the common mineral property. C.R.S. § 34-44-108. <br />Such notice must describe the property with certainty, and must give the name and <br />address of the working co-tenant, the general plan, the date of commencing the mining <br />operations, and the probable duration thereof, and invite the other co-tenant to join in <br />the mining operations. <br />