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M/161iAK <br />�4- /c,�3- cat/ <br />f4 - l / 7 7- 3� >l <br />Affidavit of Authority to Execute Financial Warranty Documents <br />Before me this day, Jesus Alejandro Benavides, in his capacity as Assistant <br />Treasurer, personally appeared and, being first duly sworn upon oath said: <br />1. This affidavit is being executed and submitted on behalf of CEMEX, Inc, a <br />corporation in good standing in the state of Colorado. <br />2. It is in the interest of CEMEX, Inc. to execute certain financial assurance <br />documents associated with file number 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 />y <br />[Aftiant's name and signature] -'e Su S 4(e 'Andre gee A(,, ? &S <br />STATE OF TEXAS <br />COUNTY OF HARRIS <br />The foregoing was acknowledged, subscribed, and sworn before me this 25`b 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 />�������pRlq �E'• , <br />,c IP <br />w - <br />i OF'b <br />(JKl"lf <br />[Notary public na a and signature] <br />My commission expires: 10131a 0/(/ <br />