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When Recorded Return To: ECEIVED 8/06/12 <br />AUG 1 6 2UIZ <br />c/o Steve Weist <br />Oxbow Mining, LLC R <br />PO Box 535 BY: <br />Somerset, CO 81434 <br />THE AREA ABOVE IS RFSERVFD FOR RECORDER'S USE' <br />SURFACE USE AGREEMENT <br />THIS SURFACE USE AGREEMENT (this "Agreemen "), dated effective as of August <br />06, 2012 (the "Effective Date }, is between Harry Michael Wood and Elaine Ann Wood whose <br />address for the purposes of this Agreement is 29113 North Rd., Hotchkiss CO 81419, Attn: <br />Michael Wood; and OXBOW MINING OAK MESA, I.LC, a Delaware limited liability <br />company ( "Oxbo "), whose address for the purposes of this Agreement is P.O. Box 535, <br />Somerset, Colorado 81434, Attn: Jim Cooper. Michael Wood and Oxbow shall be referred to <br />herein, individually, as a "Pa I <br />"Pa rty," 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 Michael Wood in the Properties for the purpose of the preparation of an <br />environment assessment for the Bureau of Land Management, the survey of possible drill hole <br />locations, the identification and flagging of survey points for an aerial survey to be conducted by <br />Oxbow, and identification of potential development of surface and ground water well monitoring <br />sites (all collectively, the "Survey 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 Michael <br />Wood in the Properties pursuant to a coal exploration permit or exploration permits Oxbow <br />intends to obtain from the United States America, through the Bureau of Land Management <br />(BLM), and the Colorado Division of Reclamation Mining and Safety (CDRMS), at some date in <br />the future, insofar as those exploration permit or permits and notices of intent to explore pertain <br />to underground coal deposits in the Properties. <br />C. Oxbow acknowledges that the surface estate owned by Michael Wood is subject <br />to a Deed of Conservation Easement In Gross, as described in Exhibit "B". As such Oxbow shall <br />work with Michael Wood to minimize surface disturbances, and to reclaim any surface <br />disturbance caused by Oxbow in order to meet State and Federal regulatory (reclamation) <br />standards. Oxbow shall work with a 3r party consultant to evaluate and prepare an annual report <br />on the status of the reclaimed surfaces on the Landowners affected property, until bonding is <br />released by all state and Federal regulatory agencies. <br />D. 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 />#1488959 Q den <br />