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owned by Mr. Wright, including the Subject Property, the Agreement required, inter alia, <br />Eagle to pay all expenditures incurred relating to the property, including fees for <br />unpatented mining claims and property taxes. Eagle failed to pay or reimburse the Estate <br />for expenditures and thus defaulted on its performance of these obligations. On <br />September 13, 2011 (and in accordance with the Agreement), the Estate notified Eagle of <br />the default and provided Eagle thirty days in which to cure the default. Eagle, however, <br />subsequently failed to cure its default. <br />2. On September 26, 2011, Eagle submitted to DRMS its application for an <br />NOI to conduct prospecting activities on the Subject Property. The NOI was signed by <br />Eagle's managing member, listed Eagle as the prospector, and designated Alma Placer <br />Company ("Alma ") as the entity DRMS should contact regarding the NOI. See Exhibit A. <br />3. In a September 27, 2011 letter to Alma, DRMS confirmed receipt of the <br />NOI, stated that all public comments must be received by October 11, 2011, and <br />confirmed that DRMS would contact the applicant on or before October 25, 2011, <br />regarding any deficiencies. See Exhibit B. <br />4. On October 17, 2011, the Estate notified Eagle that Eagle had not cured its <br />default under the Agreement and that such uncured default terminated the Agreement. <br />The termination of the Agreement also terminated Eagle's right to enter and use the <br />Subject Property. See Exhibit C. <br />5. On October 18, 2011, DRMS sent Alma the "Notice of Intent to Conduct <br />Prospecting Operations (NOI) No. P -2011 -029; London Butte Underground Exploration; <br />Notice of Deficiencies." The DRMS's noted deficiencies included: insufficient and <br />inadequate information regarding the project description, operational and reclamation <br />measures, and reclamation performance standards; the failure to submit the application to <br />Park County; and the failure to provide a financial warranty. The DRMS also informed <br />Alma that it had until December 19, 2011, to address the identified deficiencies, and that <br />the DRMS may terminate the NOI file if the deficiencies were not addressed. See Exhibit <br />D. <br />6. On October 21, 2011, the Estate wrote to Eagle and requested that Eagle <br />withdraw its NOI, given that Eagle no longer had any right to enter and use the Subject <br />Property for prospecting or any other activities. See Exhibit E. The Estate received no <br />response from Eagle or Alma. <br />7. Further, instead of withdrawing the NOI, on November 9, 2011, Greg <br />Lewicki and Associates, PLLC ( "Lewicki "), on behalf of Alma, submitted to the DRMS <br />information concerning the DRMS's noted deficiencies with the initial NOI. Lewicki also <br />submitted a revised, but unsigned, NOI again listing Eagle as the prospector and Alma as <br />the associated contact entity. See Exhibit F. <br />8. Because of Eagle's or Alma's failure to inform DRMS that neither could <br />no longer legally enter and use the Subject Property, on December16, 2011, the Estate <br />notified DRMS that Eagle's and its assigns' (including Alma or Lewicki) right to enter <br />2 <br />