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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 />Jam'e~('Jeffrey Mitchell <br />~~~.n ~ /.~~~ <br />Kathleen C. Mitchell <br />Name: ~ ~ Bobby Jo Nfit%6hg~1 by Jeff <br />Mitchell, as Attorney in Fact in Power of <br />Attorney as recorded March 7, 1986 in <br />Book 566 at Page 942 as found in the <br />Clerk & Recorder's Office of Moffat <br />County, Colorado <br />CYPRUS: <br />CYPRUS EMPIRE CORPORATION <br />i ~ <br />r~- <br />William E. Ivy <br />Vice President and General Manager <br /> <br />