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MINING AGREEMENT <br />THIS AGREEMENT, dated effectively this ISth day of November 2(104 is made by <br />and between the undersigned, FARfRUMWUKKIN 1LLP whose address is I I81 l Upham St <br />#12 Oroanficld CO 80020, hereinafter referted to as "OWNER" and Texas Tea of Colorado, <br />LLC 601 1 Ci" SL, C-344, Golden, CO 80401, herein called "TEXAS TEA"; <br />WHEREAS, OWNER represents that they are the surface owners and in <br />possession of an interest in part or all of [he surface estate for the following described <br />lands in Wcld County, Colorado, said land herein called "LANDS", to wit: <br />Township 2 North Ran¢e~68 West, 6th P.M. <br />Section 32: SW'/a, W'/z of the NW'k and the N'/z of the SE'/a <br />WHEREAS, Texas Tea has acquire certain leasehold interests in the oil and gas <br />mineral estate in the LANDS; and <br />WHEREAS.OWNER wishes to develop the gravel minerals on said property. <br />NOW, THEREFORE, in consideration of ten dollars and other valuable consideration, <br />the sufficiency o(which is hereby acknowledged. [he parries agree as follows: <br />1. The OWNER agrees not to mine any closer than IS from any Flow line. <br />2. The OWNER agrees to repair any permanent man made facility owned by TEXAS <br />TEA, Jantaged directly by OWNER mining operations, <br />3. Fer that agreement dated 3/24/04, OWNER has the right to elevate the Nelson #lA <br />and the Nelson #5 well. OWNER will mine up to 30%of the gravel surrounding each well at one <br />lime, replacing that material as they go so that no more Ihan 30°h o(the ground is disturb a[ any <br />given time, slaying at least 75 feet away from [he same. Once [he surrounding ground is <br />compacted, the wells may be elevated and the surrounding ground filled in to final grade. The <br />reservoir upon completion, will be located at least 150' away from each well. <br />IN WITNESS WHEREOF, The Granmrs have executed this Agreement on the date set forth above. <br />~~~,~ ~ ~~ <br />Jon .Pile ,enenJ Pailner <br />FA~FRUMWURKIN LLLP <br />S'fAl'E OFCOLORADO ) <br />1 ss. <br />COUNTY OF ) <br />9~he fnregoing~inctmmunt wled) <br />W fitness my hand un ~~NsKa1 p7s <br />My commission a ~?, •' y <br />?P' aOTARy <br />IN <br />PURL\G <br />before me this ~ day o(~/ ~ ~ , 2(NW, by <br />~ ~ ~~~~:/ <br />Nu1ary P--~ <br />Grantors have executed this Agreement on the date se[ forth above. <br />I~ , <br />Hy: ~ .k~- <br />Oob W,ukcr ti,r <br />TEXAS TF.A of Colorado LLC <br />sT,creopcoLOenoo 1 <br />. <,. <br />couN~rv or ) <br />"ILe li~reguing inslrumem was acknowledge) before me this ~ day of ~. 2lNM, by <br />Wflnexs my h:md and official .coal <br />My annmi <br />~pTARy ': <br />p!/BL\G .~'1i <br />PV <br />OF CO~~~ <br />Notary Public <br /> <br />