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When Recorded Return To: <br />c/o Steve Weist <br />Oxbow Minim, LLC <br />PO Box 535 <br />Somerset, CO 81434 <br />9 -22 -11 <br />THE AREA A13OVI: IS RLSERVED FOR RFC ORDFR`S USE <br />SURFACE USE AGREEMENT <br />THIS SURFACE USE AGREEMENT (this "A r�n "). dated effective as of Sept. 22, <br />2011 (the " Effective Date "), is between James L. Patterson Jr. Family Trust and the Estate <br />of Lois M. Patterson, whose address for the purposes of this Agreement is 30255 Highway 92, <br />Hotchkiss, CO 81419, Attn: James L. Patterson 111, and OXBOW MINING OAK MESA, <br />LLC, a Delaware limited liability company ( " whose address for the purposes of this <br />Agreement is P.O. Box 535, Somerset, Colorado 81434, Attn: Jim Cooper. James L. Patterson <br />Jr. Family Trust / "lie :Estate of Lois M. Patterson and Oxbow shall be referred to herein, <br />individually, as a " Party ," and, collectively, as the " Parties ." <br />Recitals <br />A. Oxbow desires to conduct environmental and surface surveys on surface real <br />estate interests owned by the James L. Patterson Jr. Family Trust / Lois M. Patterson Estate in <br />the Properties for the purpose of the preparation of an environment assessment for the Bureau of <br />Land Management, the survey of possible drill hole locations, the identification and flagging of <br />survey points for an aerial survey to be conducted by Oxbow, and identification of potential <br />development of surface and ground water well monitoring sites (all collectively, the " Survey <br />Activities <br />B. In addition to conducting the Survey Activities, Oxbow is interested in <br />completing exploration drilling of the coal seam(s) under the surface estate owned by James L. <br />Patterson Jr. Family Trust / Lois M. Patterson Estate in the Properties pursuant to a coal <br />exploration permit or exploration permits Oxbow intends to obtain from the United States of <br />America, through the Bureau of Land Management (BLM), and the Colorado Division of <br />Reclamation Mining and Safety (CDRMS), at some date in the future, insofar as those <br />exploration permit or permits and notices of intent to explore pertain to underground coal <br />deposits in the Properties. <br />C. This Agreement sets forth the Parties' rights and obligations regarding the use of <br />the Properties by Oxbow in connection with the exploration of the coal mineral estate contained <br />within the Properties. <br />Agreement <br />In consideration of the covenants and agreements contained herein, and other ,good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />Parties agree as follows: <br />1. Definitions As used herein the terms "Agreement." "Effective Datc," .. .lames L. <br />Patterson Jr. Family Trust / Lois M. Patterson Estate," "Oxbow - ' "Party," "Parties" and "Survey <br />Activities" shall have the meanings specified above, and the following terms shall have the <br />following meanings: <br />" Business Day means a day, other than a Saturday or a Sunday, on which commercial <br />banks in Colorado are open for business for all banking functions. <br />5;1489959 0 dw <br />