2004-11-09_REVISION - M2000016 (2)

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Sent by: TECHNICAL SERVICES 303 657 4339; 06/14/00 S: iBPM1; Je[Fex pSB7; Page 4 7. The Landlord hereby acknowledges and confirms that there exist no uncured defaults, or conditions or events which with the giving of notice or the passage of time or both would constitute events of default by the Assignor under the D & S Lease. Landlord represents, for the benefit of the Assignee,tha[ Landlord has received no claim or notice of default from anyone as a result of the actions or operations of Assignor under the D &. S Lease. S. Dreiling hereby acknowledges and confirms that there exis[ nn uncured defaults, or conditions or events which with the giving of notice or the passage of time or both would constitute events of default by the Assignor under the Dreiling Lease. Dreiling represents, for the benefit of the Assignee, that Landlord has received no claim or notice of default from anyone as a result of the actions or operations of Assignor under the Dreiling Lease. 9. Landlord and Dreiling covenant and agree, at [he request of the Assignee or the Assignor to execute a short form memorandum lease for recording any maters set forth in the Leases and this Agreement such as dte names of the parties, the subject properties, the term, and such other information as Assignee or Assignor reasonably requests to give notice of the Leases and this Agreement, as amended and assigned. lU. In consideration of [hc• Landlord executing this Agreemen[, Richardson and Bartz irrevocably and unwnditionally guarantee payment when due, whether by acceleration or otherwise, of the Leases and this Agreement and of all modifications thereof now or hereafrer entered into with the Landlord and aft [he ohligations anfl liabilities due and to become due to Landlord pursuan[ to the Leases and this Agreement, together with all interest thereon and all reasonable attorneys fee, costs and expenses of collection incurred by the Landlord in enforcing any such obligations and liabilities. Richardson and Bartz specifically waive notice of assignment by the Landlord. Richardson and Bartt hereby ag[ee and consent to any assignment of the guarantees contained herein, in which event such guarantees shall inure [o the benefit of arty such assignee with the same force and effect and though the assignee was specifically named in this guarantee. 11. Except as expressly modified herein, [he Leases shall remain in felt force and effect in accordance wi[h their terms. LANDLO}ZD: D & S MINING, INC. FR ~ A LF.E DRIrILING Its:~n~ye~i~ti~ -- CJ-• / . / / r M`K K. $ BAS-'LL-;WSKI Its: 1 c.-' ~?iti-7~, 3