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982545 02/05/2020 03-47 PM <br /> Total Pages: 5 Rec Fee. $28.50 <br /> Justin D. Grantham - Clerk and Recorder, Fremont County, CO <br /> GRANT OF NONEXCLUSIVE EASEMENT WI <br /> TH 1TH OPTION <br /> AGREEMENT TO PURCHASE EXCLUSIVE EASEMENT <br /> Randy V. Keller and Jeri .lean Keller(hereinafter"Keller" or"Grantor") of <br /> Fremont County, State of Colorado, own land located in Fremont County, State of <br /> Colorado, described as follows: Mineral Survey No. 16908, as described in the <br /> Fremont County, Colorado assessor's tax parcel database for Parcel 17000630 and <br /> 17000740 (hereinafter"American Placer"). <br /> For good and valuable consideration, the description and payment terms of which <br /> are contained in that certain Confidential Settlement Agreement between Grantor <br /> and Grantee herein filed in case no. 2019CV30090, Fremont County District Court <br /> (hereinafter"Confidential Settlement Agreement"), the sufficiency of said <br /> consideration being,acknowledged, Grantor does grant, bargain, sell and convey to <br /> Zephyr Gold USA Ltd., a Colorado corporation, (hereinafter"Zephyr" or <br /> "Grantee"), its successors and assigns, a nonexclusive easement(hereinafter <br /> "Easement" or"Nonexclusive Easement")over, through and across an existing <br /> road that traverses American Placer, in its current "as is" condition and location. <br /> The Easement shall run with the land and is for the benefit of, and appurtenant to, <br /> the Fremont Placer(Mineral Survey No. 2002, as described in the Fremont County, <br /> Colorado Assessor's tax parcel database for Parcel 3943000000021 and Parcel <br /> 1943000001013) and Grantee's adjacent properties. <br /> This Grant of Easement is subject to the following terms and conditions: <br /> 1. Grantee shall not widen, improve or change the existing road unless and until <br /> further Order is entered by the Court. Grantee may maintain the road to keep it in <br /> a condition that is accessible to two-wheel drive vehicles. Such maintenance shall <br /> be confined to the road and Grantee shall not park its equipment or other vehicles <br /> on Grantor's premises. Grantee shall notify Grantor of the date and time it intends <br /> to perform any such maintenance. <br />