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When Recorded Return To: <br />c/o Steve Weist <br />Oxbow Mining, LLC <br />PO Box 535 <br />Somerset, CO 81434 <br />12/11112 <br />THE AREA ABOVE IS RESERV17D FOR RECORDER'S USE <br />SURFACE USE AGREEMENT <br />THIS SURFACE USE AGREEMENT (this "Agreement "), dated effective as of Dec. 11, <br />2012 (the "Effective Date "), is between Gayle Ware, whose address for the purposes of this <br />Agreement is 31247 R 50 Rd., Hotchkiss, CO 81419, Attn. Gayle Ware, and OXBOW MINING <br />OAK MESA, LLC, a Delaware limited liability company ( "Oxbow' "), whose address for the <br />purposes of this Agreement is P.O. Box 535, Somerset, Colorado 81434, Attn: Jim Cooper. <br />Gayle Ware and Oxbow shall be referred to herein, individually, as a "Party," and, collectively, <br />as the "Parties." <br />Recitals <br />A. Oxbow desires to conduct environmental and surface surveys on surface real <br />estate interests awned by the Gayle Ware in the Properties for the purpose of the preparation of <br />an 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 Gayle <br />Ware in the Properties pursuant to a coal exploration permit or exploration permits Oxbow <br />intends to obtain from the United States of America, through the Bureau of Land Management <br />(BI,M), 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 Gayle Ware is subject to a <br />Deed of Conservation Easement In Gross, as described in Exhibit "B ". As such Oxbow shall <br />work with Gayle Ware to minimize surface disturbances, and to reclaim any surface disturbance <br />caused by Oxbow in order to meet State and federal regulatory (reclamation) standards. Oxbow <br />shall work with a P party consultant to evaluate and prepare an annual report on the status of the <br />reclaimed surfaces on the Landowners affected property, until bonding is released by all state <br />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 />0148$959 v3 den <br />