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<br />IN WITNESS WHEREOF, Surface Owner and Cyprus have executed this <br />Surface Use Agreement effective the date first above written. <br />SURFACE OWNER: <br />Name: E.R. Salter <br />Jadc'es~J~ffrey Mitchell <br />Name: Bob Mitchell" by~'Jeff Mitchell, as <br />Attorney in Fact in Power of Attorney as <br />recorded March 7, 1986 in Book 566 at <br />Page 942 as found in the Clerk & <br />Recorder's Office of Moffat County, <br />Colorado <br />CYPRUS: <br />CYPRUS EMPIRE CORPORATION <br />By: <br />William E. Ivy <br />Vice President and General Manager <br />~~ <br />12 <br />Kathleen C. Mitchell <br />