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13. Release. The Settlement provides that this Deed of Trust will secure performance of Caldera's obligations under the Settlement up to a maximum of$700,000,subject to Caldera's right to substitute such security with other forms of security (Financial Assurance),as set forth in Paragraph 99 of the Settlement. Accordingly,upon the establishment by Caldera,or its successors under§ 14 of this Deed of Trust,of an alternative$700,000 in Financial Assurance as set forth in Paragraph 99 of the Settlement,Beneficiary shall cause Trustee to release this Deed of Trust. In the event that Caldara does not substitute the security with an alternative$700,000 in Financial Assurance,then,upon performance of all obligations secured by this Deed of Trust and Beneficiary's issuance of a Notice of Completion of Work in accordance with Paragraph 109 of the Settlement, Beneficiary shall cause Trustee to release this Deed of Trust. Caldera shall pay all costs of recordation and shall pay the statutory Trustee's fees. 14. Transfer of the Property; Assumption. The following events shall be referred to herein as a"Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein);(ii)the execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property(or any part thereof or interest therein);(iii)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or receive,more than fifty percent(50%)of the controlling interest or more than fifty percent(50%)of the beneficial interest in Caldera and(iv)the reorganization,liquidation or dissolution of Caldera.Not to be included as a Transfer are(y)the creation of a lien or encumbrance subordinate to this Deed of Trust;or(z)a transfer by operation of the law.At the election of Beneficiary,in the event of each and every Transfer: 14.1. If a Transfer occurs,Transferee shall be deemed to have assumed all of the Covenants and Agreements of Caldera set forth in § 3 of this Deed of Trust,whether or not the instrument evidencing such conveyance, contract or grant expressly so provides.This covenant shall run with the Property and remain in full force and effect until this deed is released in accordance with§ 13. 14.2. Subject to§ 14.1 above,the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events,whether or not Beneficiary had actual or constructive notice of such Transfer, shall not be deemed a waiver of Beneficiary's right to make such election nor shall Beneficiary be estopped therefrom by virtue thereof. 15. Additional Provisions. 15.1. Beneficiary acknowledges that Caldera intends to operate the Property, or to cause the Property to be operated, as a mine. Accordingly, nothing herein will prohibit Caldera or its lessees or licensees from the extraction of minerals from the Property, all of which extracted minerals and the proceeds thereof will be free from the lien or security interest created by this Deed of Trust. Likewise, Caldera acknowledges that nothing herein is intended to limit the United States' rights and authorities under any law or statute, including, but not limited to the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C. §9601 et.seq. 15.2. In the event of a foreclosure or exercise of other remedies by Beneficiary under§ 11 of this Deed of Trust or otherwise, the amount of the sums secured by this Deed of Trust will be deemed to be an amount equal to $700,000, including other expenses incurred by Beneficiary in accordance with §4(Protection of Security),minus amounts received by Beneficiary pursuant to§5 (Condemnation). 15.3. Nothing in this Deed of Trust shall be construed to create personal liability on the part of Caldera. Beneficiary's recourse under this Deed of Trust is limited to the Property encumbered hereby. [Signature appears on following page] 4 1400749.4