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L.G. EVERIST, INC. <br />January 14, 2009 <br />Cache Bank & Trust <br />c/o David Thompson <br />PO Box 337060 <br />Greeley, CO 80633 <br />RE: Damage Reimbursement Agreement <br />L.G. Everist, Inc. - Firestone Gravel Resource <br />Permit # M-1996-052 <br />Dear Mr. Thompson: <br />CORPORATE OFFICE <br />300 S. PHILLIPS AVE. • SUITE 200 <br />P.O. BOX 5829 <br />SIOUX FALLS, SD 57117-5829 <br />PHONE 605.334-5000 <br />FAX 605-334-3656 <br />MOUNTAIN DIVISION <br />7321 E. 88TH AVENUE • SUITE 200 <br />HENDERSON, COLORADO 80640 <br />303-287-9606 <br />FAX 303-289-1348 <br />L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to <br />extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., <br />Weld County, Colorado. <br />State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 <br />feet of the mining area for damage done to the structures as a result of the permitted operation. We <br />believe Cache Bank & Trust owns the structures listed below, which were previously owned by Lionshead <br />Development LLC. According to the MLR law your signature on this agreement must be notarized. <br />L.G. Everist, Inc. agrees to reimburse Cache Bank & Trust for any damage done to the structures listed <br />below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in <br />the spaces provided below should satisfy the MLR law reimbursement requirement. <br />Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped <br />addressed envelope so you can returned the executed agreement to us. We have also enclosed a <br />second copy of this letter that you may keep for your files. Thank you for your cooperation. <br />Sincerely, <br />Z4SIUA <br />Lynn M. Shults <br />Regulatory Manager <br />.j S <br />'CHERYL <br />HAGEMEISTER <br />?I trF %1r'nn?? <br />cc: <br />Division of Reclamation, Mining & Safety <br />Structure list: <br />House, block building, wire fence <br />(Previous Owner listed as <br />Lionshead Development LLC, <br />729 Main Street <br />Windsor, CO 80550) <br />ACKNOWL GED BY: <br />Cache & Trust <br />By <br />Title <br />STATE OFO <br />p 1 ss. <br />COUNTY OF <br />The forgoing was acknowledged, subscribed <br />and swo to befor me a Notary Public, <br />this ay of? v <br />By <br />Notary Public <br />My commission expires: <br />My C'0" c 11" EXPIRES <br />MARCH 16, 2010 <br />FIRE-StructureLtrs-CacheBank-011410 - via Certified Mail # 7006 2150 0003 6779 7217