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/ i /� /7 7 /cam <br />Affidavit of Authority to Execute Financial Warranty Documents <br />Before me this day, the undersigned Daniel E. Tezak, in his/her capacity as <br />President ( "Affiant "), personally appeared and, being first duly sworn upon oath said: <br />1. This affidavit is being executed and submitted on behalf of Tezak Heavy <br />Equipment Co. Inc., a corporation, in good standing in the State of Colorado (the <br />"Company "). <br />2. It is in the interest of the Company to execute certain financial warranty <br />documents associated with file number M- 1977 -193 (DRMS file number), which <br />are required by the Colorado Mined Land Reclamation Board and Division of <br />Reclamation Mining and Safety pursuant to Colorado law ( "Financial Warranty <br />Documents "). <br />3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf <br />of the Company and to bind the Company to the same. <br />4. Affiant is not prohibited or limited by the Company's governing documents or by <br />any applicable law from executing the Financial Warranty Documents. <br />5. Affiant will inform the Division of Reclamation Mining and Safety within thirty <br />(30) days in the event that his /her authorization to execute Financial Warranty <br />Documents on the Company's behalf is terminated. <br />Further, Affiant sayeth not. <br />Daniel E. Tezak <br />Affiant's name <br />Signature <br />STATE OF C c r c, <br />COUNTY OF 6Z f <br />fM <br />The foregoing was acknowledged, subscribed, and sworn before me this a Si day of <br />w S f- 20 i3 , by d 4fte'e-t r. jc zf .K [name of Affiant], he/she is personally <br />known to me and has produced a driver's license as identification. <br />*Seal <br />JOYCE A PAVETTI <br />Notary Public <br />State of Colorado <br />Notaq#putlic name and signature <br />My commission expires: <br />