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%"( IC1 ?7 -3(,,Y <br />M J eM1 3 — Oµ1 <br />Affidavit of Authority to Execute Financial Warranty Documents <br />Before me this day, Jesus Alejandro Benavides, in his capacity as Assistant RECEIVED <br />Treasurer, personally appeared and, being first duly sworn upon oath said: <br />APR 2 6 2012 <br />1. This affidavit is being executed and submitted on behalf of CEMEX, Inc, a Dlvislon of Reclamation, <br />corporation in good standing in the state of Colorado. Mining & safety <br />2. It is in the interest of CEMEX, Inc. to execute certain financial assurance <br />documents associated with file number 19911018378, which are required by the <br />Colorado Mined Land Reclamation Board and Division of Reclamation Mining <br />and Safety pursuant to Colorado law( "Financial Warranty Documents ") <br />3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf <br />of CEMEX, Inc and to bind CEMEX, Inc. to the same. <br />4. Affiant is not prohibited or limited by CEMEX Inc.'s governing documents or by <br />Colorado law from executing the Financial Warranty Documents. <br />5. Affiant will inform the Division of Reclamation Mining and Safety within thirty <br />(30) days in the event that his/her authorization to execute Financial Warranty <br />Documents on CEMEX Inc.'s behalf is terminated. <br />Further, Affiant sayeth not. <br />[Affiant's name and signature] _'e Su S j4(e; An d r p <br />STATE OF TEXAS <br />COUNTY OF HARRIS <br />The foregoing was acknowledged, subscribed, and sworn before me this 25`h day <br />of April, 2012, by Jesus Alejandro Benavides, he is personally known to me and has <br />produced a driver's license as identification. <br />,,,1111111101,,. <br />�,%% %0RIA E <br />G•. <br />J \'�V,nr �,y•- <br />f o ' <br />s - <br />Of • <br />l (JKT 4 - Ala,,-� - <br />[Notary public na0fic and signature] <br />My commission expires: /()131020/11 <br />