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<br /> <br />3. Successor hereby tenders to the State its attached Performance and <br />Financial Warranties*, which are to be substituted for the Performance and <br />Financial Warranties heretofore filed by the Permittee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the State that, to the best of its <br />knowledge, information and belief, it is not in violation of any of the <br />provisions of the Colorado Mined Land Reclamation Act with respect to any <br />other operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the <br />assignment of the Permit, to recognize Successor as Successor Operator under <br />the Permit, and to accept the tendered substitute Performance and Financial <br />Warranties in place of the Warranties presently on file with the State. <br />* Attach executed Performance and Financial Warranties. <br />EXECUTED this ~'~day of Z~~~~v _ . /~ <br />Red Mountain Clay Co. <br />ame o ermr ee <br />sy ~' .. <br />gna o r 'r <br />Edward F. Johnston <br />Operator <br />e <br />Permittee <br />Thomas R. Welte <br />Vice President <br />i e <br />Successor Operator <br />NOTARY FOR PERMITTEE <br />STATE OF ~J~QJCrt~9 ) <br />ss. <br />COUNTY OF ~~r~~- _ _ ) <br />Th foregoing instrumen~wa~s acknowledged a ore me this /~/ day of <br />x.12 ~' by ~i+G,,C~lG~.~f ~f r as <br />~ o <br />My Commission expires <br />~ --- <br />-- <br />r,. -. <br />