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For Discussion <br />,~~-., Purposes Only <br />- . ~~•~~~ COLORADO NATIONAL BANK <br />OF DENVER <br />T0: (BENEFICIARY) ISSUING BANK: Colorado National Bank of Denver <br />United States Department of Interior P.D. Sox 5168 <br />Office of Surface Miaiag Denver, Colorado 80211 <br />Reclamation and Enforcement (303) 893-1862 <br />Brooks Towers, 1020 15th Street <br />Denver, Colorado 80202 DATE OP ISSUE: April ZE, 1991 <br />AMOUNT: USD822,000.00 <br />(Eight Nundrrd Twenty Two <br />Thousand and noJ100 United <br />States Dollars) <br />IIPIRY DATE: October SI, 1991 AT OUR COUNTERS <br />PiBMIT 1RO~ER: OE 002A <br />L/C Number: S_-_ <br />LADIES/G~iTLFMEN: <br />TrM, ~o <br />i.'• - • .. .-.... . <br />..r.:.:::,:._ :~,. <br />On behalf of C F Ic I Steel Corporation, P.0. Box 316, Pueblo, Colorado 81002 we hereby <br />establish our Irrevocable Letter of Credit in lour favor, payable in part or full to Lhe <br />United States, Office of Surface Mining Reclamation and Enforcement, available by lour <br />draft(s) in an amount not to exceed (f822,000.00), upon receipt of a written demand by the <br />Office of Surface Mining Reclamation and Enforcement (OSMRE) pursuant to 30 C.F.R. 800.50, <br />because of any violation of the Surface Mining Control and Reclamation Aet, Lhe regulatory <br />program, the permit rand the reclamation plan. <br />Thin Letter of Credit is effective , 1991, and will expire at the close of <br />business on 1991; however, this credit will automatically be extended for <br />periods of six months from any scheduled expiration date (as oritiaall7 scheduled or <br />automatically extended) unless ninety (90) days prior to such date we notify 7ou is writing <br />b;• certified mail, return receipt requested, that we elect not to renew this Letter of• <br />Credit for such additional period. <br />Upon Receipt by you of such aotiee, you nay draw on ns at sight for the mount of this <br />Letter of Credit beginnin; 30 days or lets prior to the then applicable expiration date, <br />accompanied by a statement signed bg OSMFtE's Bond ADDrocing Officer certifying that the <br />amount of the drawing represents funds due the United States of America because the <br />permittee has failed to replace this Letter of Credit by other suitable bond pursuant to 80 <br />C.F.B. 800.21(b) (2) and 30 C.F.B. 800.30. <br />We certify that the amount of the credit herein sstablimhed rill not De reduced for nay <br />reason during the period of this tastrumeat rithout the rritten consent of OS.~E. <br />Me will give prompt aotiee to the peraittee sad to OSMRE's Bond Approving Officer of nay <br />notice received or action tiled alleging the insolvency or banYruptcy of the Bank, or <br />alleging any violations of regulatory requirements rhich eonld result is snspeasion or <br />=evocation of the Baak'm charter or license to do business. <br />In the event the Bank beeoaes enable to fnltill our obligations wader this Letter of Credit <br />for wry reason, aotiee shall be given immediately to the peraittee sad to OSMRE's Bond <br />Approving Officer. <br />In xitness whereof, the Bank has hereunto set its signature and sral this da of <br />, 1991. <br />DCHIBIT <br />,s <br />1Yery truly your:, i,+.~+.~,,~•.= •....- - <br />(ATJPHORI2ED slcNl+TthtE) ~,:_ -- _- : ~ D <br />