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-4- <br />If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land <br />Board"), and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its <br />applicable law and procedures, then, the Operator having requested that the state accept this Financial Warranty in lieu of <br />the separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of <br />Reclamation, Mining and Safety and by the Land Board, hereby agrees that, notwithstanding any other provision hereof or <br />of law, this Financial Warranty shall remain in full force and effect until the Board is notified in writing by the Land Board <br />that the Operator's obligations to the Land Board, for which this warranty is executed, have been satisfied and until its <br />release is approved by the Board. <br />If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States <br />Department of the Interior, ("the BLM") and if at the request of the Operator on this Financial Warranty the BLM has, <br />pursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable <br />to the United States, then, notwithstanding any other provision ofthis Financial Warranty, or of law, the Operator hereby <br />agrees . that-this :Financial Warranty shall not be released until the Board is advised in writing by the -BLM. that the <br />Operator's obligations to the BLM, for which this warranty is executed, have been satisfied and until its release is approved <br />by the Board. <br />This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but <br />together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the <br />State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. <br />Signed and dated this / 7 r" day of AA9VfMR6-X ,2 00 9 <br />SINE 6405V"ZMEPTS, /-Z-C, (SEAL) <br />Operator <br />By: <br />A rized ignature <br />?AA/!4 E,_,CL <br />Title <br />NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT <br />STATE OF 1' `61/ <br />COUNTY OF 190YW ) ss. <br />The foregoing instrument was acknowledged, before me this /7*(day of OV"Raz 1001 <br />by Al I/1 c? as ?/ANAtSER of _s7bNE C'L?fiSN??sTwfEMs, I -LC <br />Official Seal <br />CARYN R. KABACINSKI <br />?fyAj, Resident of LaPorte County, IN <br />P My commission expires <br />August 2, 2017 <br />NOT ,#Y PUBLICf <br />My Commission expires: ---?-- ?' ??