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<br />SURFACE OWNER'S AGREEMENT
<br />TFIIS AGREEMENT, made and entered into this 1" day of April 1996, by and between
<br />FLORA ANN SCHRINER, ATTOR:\`EY-[\-FACT for :ANNA T. SCOTT. a widow. under
<br />that certain General Power of Attorney. dated July 30, 199, and recorded in Book X22. a[ Page
<br />937 of the records of Elben County, Colorado. (hereinafter referred to as "Surface Owner"), and
<br />UNION PACIFIC LAND RESOURCES CORPORATION. a Nebraska corporation
<br />(hereinafrer referred to as "UPLRC").
<br />RECITALS:
<br />WHEREAS, Surface Owner owns the surface estate of the followitts described property
<br />situated in Elbert County, Colorado (hereinafrer referred to as "Subject Property"):
<br />Towmshio 3 South. Ranoe 62 West. 6'h P M
<br />Section 1 I: All
<br />containing b40.00 acres, more or less; and
<br />WHEREAS, UPLRC. and/or its affiliates, is the owner of all minerals and mineral rights
<br />(including clay) in the Subject Property and of certain rights of entry and of surface use therein;
<br />and
<br />WHEREAS, UPLRC. its agents, lessees. licensees. coventurers, successors or assigns
<br />(sometimes hereinafrer collectively referred to as "UPLRC") Wray propose to enter upon the
<br />Subject Propem for purposes of exploring for. develoging, mining, producing. removing.
<br />storing, transporting and marketing of all clay deposits from the Subject Propem~; and
<br />WHEREAS, it is the intent of the parties to avoid or resolve insofar as possible anv basis for
<br />dispute. whether or not such basis now exists or is now known to them, in connection with the
<br />activities of UPLRC on the Subject Property contemplated herein, including any possible
<br />dispute as to UPLRC's right to anv and all coal and other minerals (including cla}~) within and
<br />underlying the Subject Propem or its right to mine and remove such minerals by open-pit, strip
<br />mining, or other surface-mining methods.
<br />AGREEMENT:
<br />NOW, THEREFORE, for and in cottsideration of the sum of Ten Dollazs ($10.00) in hand paid
<br />by UPLRC to Surface Owner, the receipt and adequacy of which are hereby acknowledged by
<br />Surface Owner, and the covenants herein contained, the parties hereto agree as follows:
<br />Section 1.Grant
<br />Surface Owner hereby confirms, extends and grants to UPLRC, its lessees, licensees,
<br />successors and assigns, the easements, rights and privileges to enter upon the Subject Property
<br />and to conduct such operations as may be necessary, convenient or proper in connection with
<br />exploring for, development of, mining, producing, storing, transporting and marketing of all clay
<br />and associated borrow material within and from the Subject Property, together with the right to
<br />construct, maintain, and use upon, within, and over Subject Property, machinery, tanks, engines,
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