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RELEASE OF EASEMENT RIGHTS AGREEMENT <br />AND FIRST AMENDMENT TO SURFACE USE AGREEMENT <br />THIS RELEASE EASEMENT RIGHTS AGREEMENT ("Agreement") is made and <br />entered into this _ day of , 2007, by and between K. P. KAUFFMAN <br />COMPANY, INC., ("KPK") a California corporation, with an address of 1675 Broadway, Suite <br />2800, Denver, Colorado 80202 and ZADEL FAMILY, LLLP., ("Surface Owner"), with an <br />address of 4200 WCR 19, Fort Lupton, Colorado 80621. KPK and Surface Owner aze <br />collectively referred to as the Parties. <br />RECTTALS <br />A. KPK owns the enfue working interest in and to those certain oil and gas leases described <br />in Exhibit A attached hereto and made a part hereof (Leases). KPK's interests in the Leases are <br />limited to all depths and formations from the surface of the Earth to the base of the Shannon or <br />Sussex formation, whichever is lower. <br />B. KPK owns certain oil and gas wells drilled on 40 acre spacing locations on the Leases, <br />namely, the KPK Glen Horton #2 Well, located in the SE/4SE/4 of Section 24, Township 2 <br />North, Range 67 West of the bth P.M., Weld County, Colorado. The KPK Glen Horton #2 Well <br />will hereinafter be called the "Well." The 40 acre location of the Well will hereinafter be called <br />"Glen Horton #2 Location". <br />C. As the assignee of the owner of the severed mineral rights, KPK has the rights of ingress, <br />egress, exploration, and surface usage as are reasonable necessary to the successful exploration <br />ofthe oil and gas on the Glen Horton #2 Location (Easement Rights). <br />D. KPK owns certain flowlines, consolidation lines, pipelines and related equipment located <br />on the Glen Horton #2 Location (Lines). <br />E. KPK also owns an easement covering KPK's subsurface lines on the Glen Horton #2 <br />Location (Easement), which is attached to and made a part of a Surface Use Agreement made <br />and entered into on 2007 by and between the Parties and recorded <br />_ __ __ _ , 2007, at Reception No. ___ in the land records of the <br />Weld County Clerk and Recorder (2007 SUA). <br />F. Surface Owner desires to mine the Glen Horton #2 Location and has requested that KPK <br />plug and abandon the Well on the Glen Horton #2 Location for the convenience of Surface <br />Owner's mining operations. Surface Owner has determined that its mining operations on the <br />Glen Horton #2 Location will be enhanced without the presence ofthe Well and Lines. <br />t;. tiu¢b,cat tc the ~:ernts :,f tine Ag:eecnera, Krz?: agrees tc plug, and abandon tt~e Weil, to <br />Te1229P to .Tu(ta~~ 'l~W yr ?t5 ~fl°eniP.Ftt ~b7~i'xt;. tU tf1C ~letl j (tlrtfi i; ~`.? ~i~CtYiYOa, aizd t0 T~uSh rirht <br />Gik;a73Se the La'.CS_ <br />30 <br />Page 1 of7 <br />