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M anger, Appendix C, Itr3n lc. <br />EASEMENT AGREEMENT <br />This Easement Agreement (hereafter either "Easement Agreement" or "Agreement's is <br />effective April I1, 2007, and is between CAM Mining LLC f/k/a Central Appalachia Mining <br />LLC (CAM or Grantee) and #11 Enterprises, Ltd. (#I1 or Grantor). <br />IN CONSIDERATION of the payment of $10.00, together with other good and valuable <br />consideration as described in the April 11, 2007, Settlement Agreement between the parties, the <br />receipt and sufficiency of which are hereby acknowledged, the Grantor has this date bargained, <br />conveyed, delivered, transferred, granted and sold unto the Grantee, its successors and assigns, a <br />non-exclusive Easement between State Highway 139 in Garfield County, Colorado, across the <br />Grantor's property onto Bureau of Land Management (BLM) property for access into Munger <br />Canyon to the Munger Mine, Munger Canyon Refuse Area and related surfaces on the BLM land <br />("Easement"). The Easement is described in Exhibit A which is attached hereto and incorporated <br />herein by reference. The Easement is for the benefit of and appurtenant to that land described on <br />Exhibit B, which is attached hereto and incorporated herein by reference and otherwise shall be <br />referred to as the dominant estate. The servient estate is described in Exhibit C, which is <br />incorporated herein by reference and otherwise shall be referred to as the servient estate. Subject <br />to the remaining terms of this Agreement, included in the Easement are all the other rights <br />reasonably necessary or incidental to the full and complete use and enjoyment of the Easement <br />for the purposes herein granted, including limited use or disruption of the servient Estate to <br />reclaim the Easement. <br />In addition, the Parties covenant and agree as follows: <br />I. On one occasion, and at Grantor's expense, the Grantor may relocate some or all <br />of the Easement within reason, to a location within the same Servient Estate. Within reason <br />means that the length, accessibility, maintenance and safety of the road cannot be unreasonably <br />altered and the access point to the Bureau of Land Management property for access to Munger <br />Canyon and Munger Mine cannot be altered. During the relocation of the Easement, CAM must <br />have uninterrupted access across the Servient Estate to the Dominant Estate via the original road. <br />This provision is also subject to the mining permit being amended. CAM will pay for the <br />amendment of the mining permit one time. <br />2. #11 requests and consents to the retention of the road and bridge that comprise the <br />Easement; provided, however, that if the Easement is not relocated pursuant to Section 1, above, <br />and if requested one time in writing by #11 before the termination of this Agreement, CAM will <br />reclaim the roadway pursuant to its obligations to the state and/or federal agencies having <br />jurisdiction to require such reclamation. <br />3. Without any representation or warranty by Grantor as to the effect of this <br />provision on any third party, the servient estate is subject to two deeds of trust in favor of Farm <br />Credit recorded in the Garfield County Clerk and Recorder's office and found in Book 1737 <br />beginning at Page 493 and in Book 1462 beginning at Page 62. Any foreclosure of those deeds <br />of trust may extinguish the rights of CAM under this Agreement. Therefore, should either or <br />both of these deeds of trust be foreclosed, the parties agree that this Agreement shall remain in <br />{D0448016.1 ~ <br />