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STATE OF COLORA <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />FINANCIAL WARRAN'T'Y AND CONDITIONAL PROMISSORY NOTE <br />FOR THE USE WITH DEED OF TRUST <br />Operator C1iAf Ao A4 helot -t a hn L wren V <br />Operation Ph elF v�Q n 41i+a r 4 N 0/ ANI <br />Permit No. R - M 7 7 3 '�Z <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING - SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acting Division Director <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.KS. 1973, 34 -32 -101 et �. (the "Act "), as amended, <br />provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board ") receives a <br />Financial Warranty (or Warranties) as described in the Act. <br />WHEREAS, (,�/ 00 1 &ka w- 119-1 (the "Operator "), a <br />Pe I o ul n to Corporation, has applied for a permit to con uct a mining operation .kn own as er+ eo svm <br />`' "He 2N ma/ the " O p eration"), on certain lands m Glsw� GR�tI< r <br />( leRA,vn County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands ". <br />WHEREAS, as part of the application for the permit, the Warrantor has agreed to be bound by all requirements <br />of the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, in its application for the permit, the Operator has agreed with the State to provide for reclamation <br />of tIie Larids tl ai are ino or may become, stibjecf ­ fo the permit, as required bylaw. <br />WHEREAS, The Board has determined, in accordance with the Act, that the estimated costs of reclamation of the <br />Affected lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time <br />to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, The Operator, in accordance with the Act, has promised and hereby promise the Board that it will <br />be responsible for all of the estimated costs of reclamation with regard to the Affected Lands. <br />WHEREAS, the Board has determined that the Financial Warranty by the Operator equals the estimated costs of <br />reclamation, as approved by the Board, with regard to the Affected Lands- <br />WHEREAS, as proof of its financial responsibility and pursuant to Section 34- 32- 117(3)(IV) of the Act, the <br />Operator has, as Grantor, executed and delivered to the Stateer NanSial FV a it d Conditional Promissory Note <br />.It (the "Financial Warranty ") for the original principal sum of�,uo a r i llars ($ z l qq 272. q6 , <br />secured by a Deed of Trust in favor of the Public Trustee of <br />f a y jiv0 ° ° county, Colorado, cony - eying certain lands <br />in said county and state, as assurance for the faithful performance by the Operator of the Operator's obligations to the State <br />as evidence by this Financial Warranty. <br />