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SURFACE USE AGREEMENT <br />This Surface Use Agreement ("Agreement") is dated and made effective this day <br />of , 2008, and is between Petroleum Development Corporation with an <br />address of 1775 Sherman Street, Suite 3000, Denver, CO 80203, and Journey Ventures, LLC <br />with an address of (To Be Determined on Weld County Road 58, Greeley, Colorado 80631) and <br />mailing address of P.O. Box 129, Greeley, CO 80632. <br />Whereas: <br />A. Journey Ventures, LLC is the current landowner of that tract of land being a <br />portion of and located in the Northeast Quarter of Section 7, Township 5 North, Range 64 <br />West of the 6TH P.M., Weld County, Colorado more particularly described on Exhibit <br />"A" attached hereto (hereinafter referred to as the "Property"); <br />B. Surface ownership of the Property is subject to the rights of the oil and gas <br />mineral leasehold estate ("Lease"), a portion of which is held by Petroleum Development <br />Corporation; <br />C. Journey Ventures, LLC is in the process of obtaining and will obtain a mining <br />permit from the State of Colorado Division of Mining, Reclamation, and Safety <br />("DRMS") for the purpose of open pit sand and gravel mining known as the Journey <br />Ventures Pit. The mined out Property is to be reclaimed for use as a water storage <br />reservoir. <br />D. Petroleum Development Corporation currently operates three existing wells on <br />the Property, generally located in the Northeast Quarter of Section 7, Township 5 North, <br />Range 64 West of the 6TH P.M., Weld County, Colorado described above, and subject to <br />the terms of the Lease, may have the right to develop its oil and gas leasehold estate by <br />drilling additional future wells (the additional future wells and together with the existing <br />wells, the "Wells") on the Property; and <br />E. This Agreement sets forth the parties' rights and obligations regarding the <br />relationship between the development of the Journey Ventures Pit and the Property by <br />Journey Ventures, LLC and Petroleum Development Corporation's operation and <br />development of its oil and gas leasehold estate underlying the Property, such rights and <br />obligations to be binding upon the parties' successors and assigns. <br />Now Therefore: <br />In consideration of the mutual covenants contained herein, and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the <br />parties agree as follows: <br />Page I of 10 <br />10