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Feb 0910 02:22p Mike Clements:
<br />4,
<br />970-259-1906 • p.22
<br />AMENDMENT AND RATIFICATION OF MINING LEASE
<br />This Amendment and Ratification of Mining Lease ("Amendment") is entered into by
<br />and between FAIRVIEW LAND CORP., a Colorado corporation, whose principal office address
<br />is 3060 Brighton Boulevard, Denver, Colorado 80216 ("Fairview") and WILDCAT MINING
<br />CORPORATION, a Nevada corporation, whose principal office address is 3643 Baker Street,
<br />San 'Diego, California 92117 ("Wildcat") (collectively, the "Parties"), effective the 1st day of
<br />June, 2006 ("Effective Date").
<br />WHEREAS, the Parties entered into a Mining Lease dated June 1, 2006, recorded on
<br />at Reception No. of the records of LaPlata County, Colorado
<br />("Mining Lease"); and
<br />WHEREAS, the Parties desire to ratify and amend the terms of the Mining Lease insofar
<br />and only insofar as those terms concern (i) the signatories thereto and (ii) the use of access
<br />easements and rights-of-way by Wildcat which touch, cross, pass over, or otherwise concern the
<br />lands and Mining Properties as defined in the Mining Lease.
<br />NOW THEREFORE, in consideration of the mutual covenants and promises recited
<br />herein, and other good and valuable consideration, the receipt of which is hereby acknowledged,
<br />the Parties hereby agree as follows:
<br />1. RATIFICATION. The Parties hereby ratify, confum, and accept all terms and
<br />provisions of the Mining Lease, the Schedules thereto, the term thereof, and the lands covered
<br />thereby, and agree, on their behalf, and on behalf of their respective pre.clecessors, successors,
<br />assigns, executors, officers, members, directors, agents, and representatives to be legally bound
<br />thereby.
<br />2. AMENDMENT OF SIGNATORIES. The Parties acknowledge ministerial errors
<br />in the names of the signatory parties to the Mining Lease, and Fairview and Wildcat hereby
<br />ratify, confirm, and accept all terms and provisions of the Mining Lease as if they had personally
<br />executed the same in their proper corporate names.
<br />3. AMENDMENT OF LESSEE'S ACCESS. Fairview hereby lets and leases to
<br />Wildcat, subject to the terms and provisions of the Mining Lease, all easements, licenses, water
<br />and water rights and other rights and privileges now owned by Fairview, or which may be
<br />acquired in the future, which touch, pass, cross over, or otherwise concern the lands defined as
<br />the Mining Properties in the Mining Lease, and which may be used in connection with
<br />exploration, development, and mining on said Mining Properties. This amendment is intended
<br />by the Parties to extend to Wildcat the right to use and possess, subject to the term of the
<br />Mining Lease, all easements and rights-of-way which touch, pass, cross over, or otherwise
<br />concern the Mining Properties, including, without limitation, (i) the Grant of Easement and
<br />Agreement dated April 3, 2008, recorded on April 18, 2008, at Reception No 975396, of the
<br />records of LaPlata County, Colorado, between Fairview and Citco Properties, LLC and (ii) that
<br />certain proposed road, which may in the future be located over and, across a portion of the
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