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Item 4: Legal Authority for Financial Warranty <br />Attached to this letter is a letter dated August 7, 2012 from Premier Silica to <br />Berhan explaining how Premier Silica has the legal authority to act as and for <br />Oglebay Norton Industrial Sands. Also included are documents recorded in the <br />State of California that document this. <br />Item 5: Legal Right to Enter <br />Premier Silica has a lease agreement with the landowners, Mr. and Mrs. Jindra. <br />The Jindras executed a legal right to enter document for the original permit <br />application. A copy of the lease is attached. The lease is under the name of <br />Oglebay Norton Industrial Sands. However, Premier Silica has all the legal <br />authority and responsibility as Oglebay Norton Industrial Sands. <br />Item 6: Structure Agreements <br />Structure agreements are not required because 1) mining has ceased and there <br />is no activity on the property, and 2) the structure agreements that were <br />previously executed between Oglebay Norton Industrial Sands and the structure <br />owners are still valid with Premier Silica. Premier Silica has all the legal rights <br />and obligations of Oglebay. <br />Please let me know if you have any questions. <br />Sincerely, <br />,,,uie ,,,e__ <br />Paul Banks <br />cc: Berhan Keffelew <br />Patrick Griffin, Premier Silica <br />attachments <br />