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STATE OF <br />) ss. <br />COUNTY OF ) <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Board <br />Division of Reclamation, Mining and Safety <br />M.\ min\ share\ bondfonnsTerformance Warranty doc (05/26'2004) <br />3 <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns. <br />SIGNED, SEALED AND DATED this day of <br />(SEAL) <br />Operator <br />By: <br />Title: <br />NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT <br />The foregoing instrument was acknowledged before me this day of <br />by as of <br />NOTARY PUBLIC <br />My Commission expires: <br />By: Date: <br />Division Director <br />