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-3- <br /> (3) The description of lands above set forth is for convenience of <br /> reference only, and no error in such description, nor any revision of the <br /> permitted mining area, nor the disturbance by the Principal of lands outside , <br /> of the permitted mining area shall alter or diminish the Principal 's <br /> obligations hereunder or under the DEED OF TRUST, which shall extend to the <br /> reclamation of all such lands disturbed. <br /> (4) Principal's obligations hereunder and under the DEED OF TRUST shall <br /> continue until released in writing by the State in accordance with app <br /> Mable <br /> laws specifying bond release procedures. The parties understand that periods <br /> of years may necessarily be required before determination can be made that <br /> f actorily completed. No revision, extension, <br /> reclamation work has been satis <br /> or renewal of the operator's mining permit, or of the time allowed the <br /> operator to complete reclamation, shall diminish the Principal 's obligations <br /> hereunder or under the DEED OF TRUST. <br /> (5) The State may exercise its rights under the DEED OF TRUST and <br /> foreclose in accordance with the terms thereof and in accordance with <br /> applicable provisions of law if the Board or the Division determines that <br /> reclamation which ought to have been performed by the Principal, or its <br /> successors or assigns, remains unperformed. No other condition precedent need <br /> be fulfilled to entitle the State to foreclose upon the DEED OF TRUST, but <br /> before instituting foreclosure proceedings, demand in wi'lf—ti—ngshall be made <br /> upon the Principal. If, upon completion of reclamation by the State, the <br /> amounts expended for reclamation (together with any amounts payable under <br /> paragraph (6) hereof) shall be less than the amount received upon foreclosure, <br /> the excess shall be promptly refunded to the Principal. <br /> (6) If demand is made upon the Principal for payment of an amount due <br /> to the State hereunder, and if the Principal fails to make payment of such <br /> amount within ninety (90) days after the date of receipt of such demand by the <br /> Principal, and if it should, thereafter, be determined, by agreement or by <br /> judgment of court, that the amount demanded was properly payable, the <br /> Principal agrees to pay to the State, in addition to the amount demanded, <br /> interest at the prime rate in effect from time to time at The First National <br /> Bank of Denver for the period commencing at the end of such ninety-day period <br /> and ending on the date of actual payment, together with all reasonable costs <br /> of collection, including reasonable attorneys' fees. <br /> (7) (a) If this bond applies to National Forest System lands, and if <br /> this bond is accepted by the United States Forest Service ("U.S.F.S.") as the <br /> bond required under 36 C.F.R., 252.13, then the Principal and the surety, <br /> having requested that the State and the U.S.F.S. accept this single bond <br /> in <br /> lieu of the separate bonds which would otherwise be required by applicable <br /> law, hereby agree that, notwithstanding any other provision hereof, or of law, <br /> this bond shall remain in full force and effect until U.S.F.S. has advised the <br /> State that the reclamation work has been satisfactorily completed in <br /> accordance with the requirements of applicable Federal law and regulations. <br />