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..+ `.a n cr ~rune~~~` Nancy Chappie, being the owner of a parcel of land described herein as follows: The E'/z of the NE'/a of the SW'/a, and the E'/z of the SE'/a of the SW'/a, and the W'/z of the NE'/a, and the SE'/a of the NE'/a, and the SE'/a of Section 22, Township 31 South, Range 68 West of the 6th P.M., Las Animas County, Colorado, for herself, her heirs, executors, successors, agents, and legal representatives hereby waives, holds harmless, and indemnifies the State of Colorado, the Colorado Mined Land Reclamation Board, its individual Board members, the Division, and their officers, employees; agents, legal representatives, and contractors against any and all claims, interests, damages, and causes of action, including any and all attorney fees and court costs for any and all personal, property, and/or economic injury(ies) that may or does result from, arise because of, or in any way is associated with allowing the access road, the two pond embankments which are part of the access road, and the ponds formed by the embankments, as identified on the map attached to and incorporated in this waiver, to remain in their current location and condition. 2. Nancy Chappie understands that the Division has not performed a stability analysis of the access road or the embankments described herein and agrees that this waiver, hold harmless, and indemnification agreement is not in any way contingent on the performance of such a stability analysis. If, in the future, Nancy Chappie desires the Division to perform a stability analysis of the access road or embankments described herein, Nancy Chappie understands and agrees that such an analysis is dependent upon reaching a mutually acceptable agreement with the Division in which Nancy Chappie will pay and otherwise provide for such an analysis. G'(~-c~ C~ / rr Nancy Chappie III IIIIIIIIIIIII III sss RF~'~,~'! i /F h rY1gR p8 19g4 WAIVER OF LIABILITY ~~~/ !~ Date