REV03158

• Permit No: M1977376
• IBM Index Class Name: Revision
• Doc Date: 10/22/1992
• Doc Name: FINANCIAL WARRANTY DEED OF TRUST
• Type & Sequence: SO1
• Media Type: D
• Archive: No

If this Financial Warranty applies to National Forest System
lands, and 1f this Financial Warranty is accepted by the United States
Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 252.13,
then the Operator, having requested that the Board and the U.S.F.S.
accept this Single Financial Warranty in lieu of the separate bonds which
would otherwise be required by applicable law, hereby agrees that,
notwithstanding any other provision hereof, or of law, this Financial
Warranty shall remain in full force and effect until U.S.F.S. has advised
the Board by written notice that the Operator's obligations to U.S.F.S.,
for which this warranty is executed, have been satisfied and, until its
release, has been approved by the Board.
If this Financial Warranty applies to lands under the
jurisdiction of the State Board of Land Commissioners ("Land Board"), and
if this Financial Warranty, 1n whole or in part, is accepted by the Land
Board as the bond required under its applicable law and procedures, then
the Operator, having requested that the Board accept this Financial
Warranty 1n lieu of the separate bonds which would otherwise be required
by the Colorado Mined Land Reclamation Board or Division and by the Land
Board, hereby agrees that, notwithstanding any other provision hereof, or
of law, this Financial Warranty shall remain in full force and effect
until the Board is notified in writing by the land Board that the
Operator's obligations to the Land Board, for which this warranty is
executed, have been satisfied and, until its release, is approved by the
Board.
If all or any part of the Affected Lands are under the
jurisdiction of the Bureau of Land Management, United States Department
of the Interior (the "BLM"), and if, at the request of the Dperator on
this Financial Warranty, the BLM has, pursuant to 43 C.F.R. 3809.1-9,
accepted this Financial Warranty in lieu of requiring a separate
reclamation band payable to the United States, then, notwithstanding any
other provision of this Financial Warranty, or of law, the Operator
hereby agrees that this Financial Warranty shall not be released until
the Board is advised in writing by the BLM that the Operator's
obligations to the BLM, for which this Warranty is executed, have been
satisfied and, until its release, is approved by the Board.
This Financial Warranty may be executed in multiple copies, each
of which shall be treated an as original, but together they constitute
only one agreement, the validity and interpretation of which shall be
governed by the laws of the State of Colorado.
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns.
Page 4 of 5 pages