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When Recorded Return To: ECI
<br />c/o Steve Weist '
<br />Oxbow Mining LLC
<br />PO Box 535
<br />Somerset, CO 81434
<br />EFJVE
<br />THE ARFA ABOVE IS RESERVED FOR RECORDER'S USE
<br />SURFACE USE AGREEMENT
<br />TI IIS SURFACE USE AGREEMENT (this "Agreement"), dated effective as of Dec. 10,
<br />2012 (the "Effective Date "), is between Daniel S. Roussin, Ann M. Roussin, Eddy L. Roussin,
<br />whose address for the purposes of this Agreement is (3520 Senna Way, Grand Junction, CO
<br />81506), Attn: Daniel S. Roussin, Ann M. Roussin, Eddy L. Roussin, and OXBOW MINING,
<br />LLC, a Delaware limited liability company ( "Oxbow "), whose address for the purposes of this
<br />Agreement is P.O. Box 535, Somerset, Colorado 81434, Attn: Mike Ludlow,. Daniel S. Roussin,
<br />Ann M. Roussin, Eddy L. Roussin and Oxbow shalt be referred to herein, individually, as a
<br />"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 Daniel S. Roussin, Ann M. Roussin, Eddy L. Roussin in the
<br />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 tall 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 Daniel S.
<br />Roussin, Ann M. Roussin, Eddy L. Roussin in the Properties pursuant to a coal exploration
<br />permit or exploration permits Oxbow intends to obtain from the [United States of America,
<br />through the Bureau of Land Management (BLM), and the Colorado Division ot' Reclamation
<br />Mining and Safety (CDRMS), at some date in the future, insofar as those exploration permit or
<br />permits and notices of intent to explore pertain to underground coal 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 Date," "Daniel S.
<br />Roussin, Ann M. Roussin, Eddy L. Roussin" "Oxbow ", "Party,," "Parties " and "Survey
<br />::1 188959 0 den
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