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<br /> <br />RECEIVED <br />AFFIDAVIT OF NON-DEVELOPMENT <br />AND LEASE TERMINATION <br />STATE OF COLORADO ) <br />sS. <br />COUNTY OF DENVER ) <br />SEP ~' ~ 19:4;1 <br />MINED ipND RECTA'AArl0~J DIVISI!u~ <br />Celo. Deot. et Natural Resources <br />DOMENICK ZELLITTI, being first duly sworn, deposes and <br />says: <br />He is the owner of an undivided one-tnird (1/3) of the <br />mineral estate in the following described land situated in the <br />County of La Plata, State of Colorado, to-wit: <br />Township 35 North, Ranye 10 West, N.M.P.M. <br />Section 27: Nod/4NW/4 <br />Section 22: W/25W/4, SW/4NW/4, <br />except 3.692 acres located in S67/4NW/4, Section 22, <br />Township 35 North, Ranye 10 West, N.M.P.i9., as <br />described in a deed from Christopher Clark to <br />Thomas G. Pierce and Fred E. Pierce, recorded in Book <br />178 at Page 433 of the records of La Plata County, <br />Colorado; and except also a tract of land conveyed by <br />deed to L.D. Burnett and William Gerard, recorded in <br />Book 244 at Page 218 of the records of La Plata <br />County, Colorado. <br />Containing 160 acres, more or less, <br />La Plata County, Colorado <br />which land is described in an Exploration Permit and i9ineral <br />Lease ("Lease"), executed on May 4, 1977, and Addendum to <br />Exploration Permit and Mineral Lease ("Addendum'), executed on <br />July 12, 1977, by Concetta Zellitti, Frank Zellitti, and <br />Domenick Zellitti, as lessors, and Arness-P4cGriffin, a Colorado <br />corporation (Sam K. Acness, president), as lessee, recorded <br />under Reception Nos. 411142 and 411143, of the records of La <br />Plata County, Colorado, on July 19, 1977. On May 4, 1977,tne <br />date of execution of the Lease, the property was owned by the <br />lessors, Concetta Zellitti, Frank Zellitti, and Domenick <br />Zellitti. <br />The Lease had a primary term of four years, which <br />expired May 4, 1981. On Play 4, 1981, the Lease was purportedly <br />