2025-09-02_REVISION - M2011039 - Laserfiche WebLink

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r MINING ACCESS AGREEMENT This Mining Access Agreement ("Agreement") is effective as of the last date of signature by both parties between Premier Moss Rock, LLC, a Colorado limited liability company ("Miner"), and Emily Pomeroy Locke, Successor Trustee of the Pomeroy Family Trust dated August 29, 2013 ("Landlord") (hereinafter collectively the "parties"). WHEREAS, Miner and Landlord entered into that certain Contract to Buy and Sell Real Estate dated May 24, 2024 (the "Contract") for the purchase and sale of the following legally- described real estate in the County of Pueblo, State of Colorado: 35-24-68 THAT POINT S OF GREENHORN CREEK IN SW4 NE4 (30A); SE4 (160A) SE4 NE4 EXCEPT 1A STRIP LYING N OF GREENHORN CREEK IN NW CORNER SE4 NE4 EXCEPT FROM SAID CREEK TO N LINE SE4 NE4 + CONTINUING TO W LINE THEREOF; + EXCEPT TRACT IN #443200 + EXCEPT ANY PORTION OF SAID SE4 NE4 INC IN DESCRIBED IN #769498 (CONTG 217.26A) LESS THAT PORTION BY BOUNDARY LINE AGREEMENT PLAT#2005816 LESS THAT PORTION BY PLAT#2059425, also known as 8500 Park Road, Rye, Colorado 81069 (the "Property"); and WHEREAS, the Closing of the sale of the Property occurred on July 12, 2024 and the parties entered into a Post Closing Agreement of even date therewith,the purpose of which was to detail Miner's continued right of possession of the Property subsequent thereto for winding down mining operations and removing equipment;and WHEREAS,the parties wish to clarify Miner's continued access to the Property to conduct mining and reclamation activities for an extended period of time post-Closing. NOW, THEREFORE, in consideration of the terms,conditions and mutual agreements of the parties contained herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Access: As required by the Colorado Division of Mining, Reclamation and Safety, Landlord authorizes Miner the continued right to access the Property to conduct mining and reclamation activities within the mine portion of the Property for so long as Mining Permit M 2011-039 remains in Miner's name. Miner's access to the Property for mining purposes shall terminate once Landlord completes transfer of the Permit into Landlord's name or such Permit is otherwise terminated and access is no longer required by the Colorado Division of Mining. 2. Indemnification: Miner agrees to hold harmless, indemnify and defend Landlord and its heirs, personal representatives, successors and assigns from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, for injury to or the death of any person, or physical damage to any property, arising out of or in connection with Miner's post-Closing occupancy of the Property and continued use of Mining Permit M 2011-039.