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STATE OF COLORADO <br />COUNTY OF ADAMS <br />SS. <br />AFFIDAVIT <br />ALBERT R. FREI, JR., being first duly sworn upon oath, deposes <br />and says: <br />1. He is the President of Albert Frei and Sons, Inc., a Colo- <br />rado Corporation, and is empowered to act for and on behalf <br />of said corporation in all respects in connection with any <br />applications, petitions, contracts, correspondence, bonds or <br />activities with or before the Colorado Mined Land Reclama- <br />tion Board under the provisions of the Colorado Mined Land <br />Reclamation Act. <br />2. That all applicable portions of the Reclamation Plan as they <br />pertain to the mine known as the Frei Pit No. 3 (Bromley <br />Pit) Permit #M-1979-165, have been completed and are in <br />accordance with the Rules and requirements of the Act. <br />3. Albert Frei and Sons, Inc. is the owner of the property and <br />they have been notified of this release. <br />Bert R. rei, Jr. <br />SUBSCRIBED and sworn to before me this asp-=, <br />day of CY10--CC_h , 2009 by Albert R. Frei, Jr. as <br />President of Albert Frei and Sons, Inc. <br />CV l u'j <br />Notary ublic <br />D <E <br />NOTARY PUBLIC <br />FFsA T TE OF COLORADO <br />My commission expires: <br />A) I auldotag I <br />My Commission Expires 11/20/2009