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. ~ _ . ~ • iii iuiiiiiniu iii • <br />RECEIVED <br />SURFACE USE AGREEMENT AUG 3 0 1995 <br />T IS~URFACE USE AGREEMENT (the "Agreement") , da~~~a~E~~~~~~S~o1Q9Me <br />day of August, 1995, is by and between James Jeffrey <br />Mitchell and Kathleen C. Mitchell, husband and wife, with an <br />address at 109 E. Victory Way, Craig, Colorado 81625; and Bobby Jo <br />Mitchell naming Jeff Mitchell as attorney in fact in Power of <br />Attorney as recorded March 7, 1986 in Book 566 at Page 942 as found <br />in the Clerk and Recorder's office of Moffat County, Colorado whose <br />address is 109 E. Victory Way, Craig, Colorado 81625 (hereinafter <br />collectively referred to as "Surface Owners", whether one or more), <br />and CYPRUS EMPIRE CORPORATION, a Delaware corporation, with an <br />address at 1303 County Road 107, P. 0. Box 68, Craig, Colorado <br />81626 (hereinafter referred to as "Cyprus") <br />W I T N E S S E T H: <br />1. Demise. Surface Owners, for and in consideration of the <br />fees, covenants and conditions hereinafter contained, and <br />other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, do hereby <br />grant unto Cyprus for the term and purposes and upon the <br />conditions and provisions herein set forth, the right and <br />privilege to enter upon, through, under, over and across <br />`~ those certain lands (the "Lands") located in the County of <br />Moffat, State of Colorado, the same being further <br />described as follows: <br />Lot 15 in Section 18 T6N R91W 6th P.M. <br />2. Term. The primary term of this Agreement shall be for a <br />period of three (3) months and shall commence on the <br />effective date hereof. Cyprus shall be entitled to enter <br />upon, through, under, over and across the Lands on the <br />effective date hereof. <br />3. Allowed Uses/Restrictions. <br />a. Cyprus, its employees, agents, licensees, invitees, <br />contractors, subcontractors, successors and assigns <br />have the right and privilege to enter upon, through, <br />under, over and across the Lands, which, in Cyprus' <br />sole discretion, may be necessary to support Cyprus' <br />activities on the Lands for the purpose of: (1) <br />surveying; (2) conducting exploration activities; (3) <br />