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TRUST AGREEMENT <br /> Camp Bird Mine Site <br /> Dated: [Insert date] <br /> This Trust Agreement("Agreement")relating to [insert trustee-provided trust account <br /> number] is entered into as of[insert date] between Caldera Mineral Resources, LLC, a <br /> Delaware limited liability company("Grantor"), and [insert name of trustee], [insert as <br /> appropriate: "incorporated in the state of[insert name of state]" or"a national bank"] <br /> ("Trustee"). <br /> Whereas,the United States Environmental Protection Agency("EPA") and the <br /> Grantor have entered into an Administrative Settlement Agreement and Order on Consent dated <br /> [insert date], [insert: EPA docket number] ("Settlement"), pursuant to the Comprehensive <br /> Environmental Response, Compensation and Liability Act("CERCLA"), 42 U.S.C. §§ 9601- <br /> 9675; <br /> Whereas,the Settlement provides that the Grantor shall provide assurance that funds will <br /> be available as and when needed for performance of the Work required by the Settlement; <br /> Whereas,in order to provide such financial assurance, Grantor has agreed to <br /> establish and fund the trust created by this Agreement; and <br /> Whereas,the Grantor, acting through its duly authorized officers, has selected the <br /> Trustee to be the trustee under this Agreement, and the Trustee has agreed to act as trustee <br /> hereunder. <br /> Now,therefore,the Grantor and the Trustee agree as follows: <br /> Section 1. Definitions. As used in this Agreement: <br /> (a) "Agreement" shall have the meaning assigned thereto in the first paragraph of <br /> this Agreement. <br /> (b) "Beneficiary" shall have the meaning assigned thereto in Section 3 of this <br /> Agreement. <br /> (c) "CERCLA" shall have the meaning assigned thereto in the second paragraph <br /> of this Agreement. <br /> (d) "Claim Certificate" shall have the meaning assigned thereto in Section 4(b) of <br /> this Agreement. <br /> (e) "EPA" shall have the meaning assigned thereto in the second paragraph of this <br /> Agreement. <br /> 2 <br />