APPCOR10875

• Permit No: X199421400
• IBM Index Class Name: Application Correspondence
• Doc Date: 4/10/1995
• Doc Name: SURFACE USE AGREEMENT
• From: Ina Jane Horton, In Trust
• Media Type: D
• Archive: No

EXHIBIT "A"
Attached to and made a part of that certain Surface Use Agreement dated effective the day of
April, 1995, by and between ,Ina Jane Horton, in Trust of the Revocable Living Trust of Ina Jane
Horton dated March 18, 1992, and Cyprus Empire Corporation.
MEMORANDUM OF SURFACE USE AGREEMENT
THIS MEMORANDUM OF SURFACE USE AGREEMENT (the "Memorandum"), dated
effective the day of April, 1995, is by and between Ina Jane Horton, in Trust of the
Revocable Living Trust of Ina Jane Horton dated March 18, 1992, with an address at Route 7, Box
405, Neosho, MO 64850, (hereinafter collectively referred to as "Surface Owner", whether one or
more), and CYPRUS EMPIRE CORPORATION, a Delawaze corporation, with an address at
1303 County Road 107, P. O. Box 68, Craig, Colorado 80467 (hereinafter referred to as "Cyprus").
Surface Owner, in consideration of the covenants and agreements contained in that certain
unrecorded Surface Use Agreement (the "Agreement") dated concurrently herewith, granted unto
Cyprus certain rights to enter upon and use certain lands (the "Lands") belonging to Surface Owner
as further described in Exhibit "A" attached hereto and made a part hereof, for the right to (I)
survey; (2) conduct baseline environmental studies as Cyprus may desire, including, but not
limited to, vegetation and soil sampling and mapping, surface hydrofogy investigation, cu/tural
resources survey and mitigation (f necessary) and geologic reconnaissance and exploration
activities; (3) construct a pad or pond for an exploration and/or ventilation borehole and drill an
exploration borehole; (4) utilize and upgrade an existing road into the drilling site and construct
an exploration road from the existing road into the drill site; (5) install an electric powerline; (6)
remove and replace existing drainage culverts, if any; (7) install subsidence monuments; (8)
conduct seismic surveys; (9) construct and maintain water monitoring wells; and (IO) conduct
general reclamation of drilUbore hole sites and other disturbed areas.
The Lands are subject to all of the terms and conditions of the Agreement, reference to which may
be made for a complete statement of rights and obligations of Surface Owner and Cyprus. Should
there be any discrepancy between this Memorandum of Surface Use Agreement and the
Agreement, the Agreement shall control.
The term of the Agreement shall be for a primary term of three (3) yeazs and shall commence on the
effective date hereof. The term of the Agreement may be extended by Cyprus for ten (10)
additional one (1) yeaz terms in accordance with the Agreement.
Copies ofthe Agreement may be found at the above indicated addresses of the parties.
This Memorandum may be executed in any number of counterparts and shall be binding upon all
owners of interests in the Lands executing the same or a counterpart hereof, whether or not named
herein as one of the Surface Owners, and whether or not other owners of interests in the Lands have
executed other counterparts or have not entered into the Agreement.
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