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A <br /> Iq <br /> 0 <br /> Each sight draft so drawn and presented shall be honored b its if res�Pvire <br /> prior to the close of business on the <br /> Y P <br /> expiration date of this letter of credit. The Bank shalt make a payment transfer to the Beneficiary. This <br /> credit refers to J-2 Contracting Cc 's application for a <br /> permit to engage in mining and reclamation activities within the State of Colorado. <br /> It is an express condition of this letter of credit that it shall be automatically extended for successive additional <br /> periods of one year each, from the initial and each future expiration date unless the <br /> Verus Bank of Commerce ("the Bank") shall notify the <br /> Director at least 90 days prior to an expiration date in writing by certified mail, at the above address, that the Bank <br /> elects not to extend the credit for such additional period. In such event, in addition to his power to draw hereon <br /> under the preceding paragraphs, the Director may draw the full or any lesser amount hereof at any time prior to <br /> such expiration date by sight draft, or drafts, accompanied by the written statement of the Director certifying that <br /> the amount drawn will be held as a cash deposit in lieu of financial warranty, as provided in applicable Colorado <br /> statutes governing mined land and reclamation. <br /> The original signed letter of credit and any amendments will be presented to the Bank by the beneficiary along with <br /> any draft presented pursuant to this letter of credit,and will be surrendered to the Bank with any draft which draws <br /> the full amount, or the balance remaining available, under this letter of credit. Delivery of the original letter of <br /> credit, sight draft(s) and all other documents required as a condition precedent for payment, may be made by <br /> overnight courier to the Bank. Each payment on a draft shall reduce the aggregate above written amount by the <br /> ZD <br /> amount drawn. <br /> This Letter of Credit is subject to Uniform Customs and Practice for Documentary Credits (2007 Revision), <br /> International Chamber of Commerce—Publication No. 600(the"UCP600") and shall be governed by the laws of <br /> the State of Colorado with respect to subject matters not addressed by the UCP600. In the event of an action <br /> between the beneficiary and the Bank regarding this letter of credit, the bank submits to the jurisdiction and venue <br /> of the Denver District Court, State of Colorado. The Bank agrees to accept service of process in any such action, <br /> if service is made by registered or certified mail (return receipt requested) or courier service, postage or delivery <br /> fee prepaid,to the address of the Bank set forth above. <br /> If any expiration date specified herein shall fall upon a day other than a regular business day of the Bank, the <br /> expiration date shall pso facto be extended to the close of business on the next successive business day of the Bank. <br /> The Verus Bank of Commerce <br /> BY `V/� Date i <br /> Authorized Signa� ture" T <br /> NOTES:1. The Letter of Credit shall not be in excess of 10 percent of the bank's capital surplus account or in excess of 30 <br /> percent if the applicant has more than one Letter of Credit for different permits. To demonstrate this requirement, <br /> the issuing bank shall provide a balance sheet certified by a Certified Public Accountant. Generally, this is <br /> available in the Bank's most recent Annual Report or Call Report. <br /> 2. The Letter of Credit shall be submitted on the Bank's letterhead. <br /> 3. The Mined Land Reclamation Board or the Office of Mined Land Reclamation may recover the necessary costs, <br /> including attorney's fees or fees incurred in foreclosing on or realizing the collateral used in the event this Letter <br /> of Credit is forfeited.The face amount of this Letter of Credit shall be increased by five hundred dollars($500.00) <br /> to cover these costs. <br /> M min\sharexbondforms`ILOC bnd final with UCP600language(3;'12,08) <br /> i <br /> i <br />