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MEMORANDUM OF RELEASE OF EASEMENT RIGHTS AGREEMENT <br />AND FIRST AMENDMENT TO SURFACE USE AGREEMENT <br />This Memorandum is made and entered into this ~ day of , <br />2007, by and between K.P. KAUFFMAN COMPANY, INC. ("KPK") a California <br />Corporation with an address of 1675 Broadway, Suitc 2800, Denver, Colorado 80202 and <br />Zadel Family, LLLP ("Surface Owner") with an address of 4200 WCR 19 Fort Lupton, <br />Colorado 80621. KPK and Surfacc Owner are collectively referred to as the Parties. <br />As of the date above, the Parties entered into a Release of Easement Rights <br />Agreement ("Agreement") covering the following Surface Location: <br />Glen Horton #2, located in the SE/4 ofthe SE/4 of Section 24, Township 2 North, <br />Range G7 West of the 6t° P.M., Weld County, Colorado. <br />The Agreement provides for KPK to plug and abandon the Glen Horton #2 Well, <br />to release to Surface Owner its Easement Rights to the Surface Location, to flush and <br />cleanse the lines, and to partially release the Easement. <br />This Memorandum of Release of Easement Rights Agreement is executed by the <br />Parties and placed ofrecord in Weld County, Colorado for the purpose ofplacing all <br />persons on notice of the existence of the Agreement. A true and complete copy of the <br />Agreement is available from KPK or Surface Owner to any person with an interest in the <br />above described land. <br />IN WTTNESS WHEREOF the undersigned parties have caused this Agreement <br />to be executed by a duly authorized representative on the day and year first above written. <br />K.P. KAUFFMAN COMPANY, INC. <br />By: <br />Gordon L. A11ott, Jr. <br />Executive Vice President <br />STATE OF COLO'rt.AD(3 <br />ZADEL FAMILY, LLLP <br />BY: j~ <br />Name: ~i' ___ <br />Title: <br />37 <br />