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SURFACE USE AGREEMENT b ~' This Surface Use Agreement ("Agreement") is made this ,~'~ day of.~J~'`~, 200, and is between ME III Corporation, a /,o%radn corporation, with an address of 14812 NV. 4r° Avenue, Golden, Colorado 80401, hereinafter referred to as "Operator", and Asphalt Paving Co., a Colorado corporation, with an address of 14802 West 44th Avenue, Golden, CO 80403, hereinafter referred to as the "Surface Owner". A. Surface Owner owns the surface estate of that certain tiact of land more particularly described on Exhibit A attached hereto, being a portion of the South %: of the Northwest %., Section 25, Township 1 North, Range 67 West, 6t° P.M.,' Weld County, Colorado (hereinafter referred to as the "Property"); B. Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, a portion of which is now owned by Operator; C. Surface Owner owns the surface of and t)#e gravel rights on the Property; E. Operator currently operates the Perry #3 well (the "Existing Well") on the Property and has the right to further develop its oIl and gas leasehold estate by drilling additional wells (hereinafter referred to as "Future Wells") on the Property; and F. This Agreement sets forth the parties' rights and obligations regazding the relationship between the development of the Property by Surface Owner and Operator's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties' successors and assigns. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREA RESERVED FOR FUTURE WELLS. Surface Owner shall provide Operator the spaces designated on Exhibit B (Ure "Oil and Gas Operations Areas") for the Existing Well and Future WeIIs and for any operations conducted by Operator in connection with the Existing Well and Future Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing and replacement wells. Except for the space included within the Oil and Gas Operations Areas, access and necessary easements associated with flowlines, gathering lines and pipelines as provided in this Agreement, Operator shall not occupy the surface of the Property except in the event of an emergency, and Operator shall be strictly and solely responsible for any damages that may occur as a result of Operator's activity on such portions of the Property. 2. WELL LOCATIONS AND PAYMENT FOR DIRECTIONAL DRILLING. Operator shall have the right to drill two Future Wells within the Oil and Gas Operations Areas as shown on Exhibit B. Operator shall not otherwise have the right to drill new wells on the Property.