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ACCESS AND SURFACE USE AGREEMENT <br />• THIS ACCESS AND SURFACE USE AGREEMENT ( "Agreement)" is made and entered <br />into this 13 day of+iovertitler, 2001 by and between NCIG Financial, Inc., hereinafter referred <br />to as "NCIG ", whose address is P.O. Box 5460, Playa del Rey, CA 90296, and C.B. Minerals <br />Company, LLC, hereinafter referred to as "CB ", whose address is 8717 Delgany Avenue #215, <br />Playa del Rey, CA 90293. <br />RECITALS <br />A. NCIG is the owner in fee of the surface of certain real property located in Garfield <br />County, Colorado, the description of a portion of which is set forth on Exhibit 1 <br />attached hereto and incorporated herein by this reference. Such surface property <br />is hereinafter referred to as the "Surface Property". <br />B. CB is the owner of the Coal Ridge No. 1 Mine Permit ( "Mine "). The surface <br />activities relating to the original proposed site for the mine entrance were located <br />on the Surface Property. <br />C. CB is in the process of reclaiming the Surface Property in accordance with its <br />obligations under Permit No. C -84 -065 ( "Permit "), issued by the Colorado Division <br />• of Minerals and Geology ( "DMG ") pursuant to the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34 -33 -101, et seq. ( "Act ") and the associated regulations. <br />. The parties cannot anticipate how long completion of reclamation and bond release <br />will require, but expect it will be at least several years. <br />D. The purpose of this Agreement is to clearly establish that CB has all rights of <br />access and use in the Surface Property necessary to complete reclamation. <br />NOW, THEREFORE, for and in consideration of their respective rights and obligations <br />under this Agreement the sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br />NCIG hereby grants, bargains and conveys to CB, its successors and assigns, the <br />right of direct and immediate access in, on, under, over and through the Surface <br />Property, and the right to use the Surface Property, in any reasonable fashion, all <br />for the sole and exclusive purpose of performing CB's reclamation and monitoring <br />obligations under the Permit, the Act and the regulations implementing the Act, as <br />such obligations now exist and may later be modified. CB shall also have the right <br />of ingress and egress to and from the Surface Property over and through any <br />• 1 <br />41 _ <br />