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0-ma 6AM <br />1461 9 -o41, <br />Affidavit of Authority to Execute Financial Warranty Documents <br />Before me this day, the undersigned Thomas L. Swint [name of authorized <br />person], in his/her capacity as Manager [title of authorized person] ( "Affiant "), <br />personally appeared and, being first duly sworn upon oath said: <br />1. This affidavit is being executed and submitted on behalf of Avalanche Creek Marble & Alabaster LLC [name <br />of business organization], a(n) Colorado limited liability company (legal form of business organization, <br />e.g., corporation, partnership, limited liability company, etc.], 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 documents associated with file <br />number M -1999-042 (DRMS file number), which are required by the Colorado Mined Land <br />Reclamation Board and Division of Reclamation Mining and Safety pursuant to Colorado law ( "Financial <br />Warranty Documents "). <br />3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf of the Company and to <br />bind the Company to the same. <br />4. Affiant is not prohibited or limited by the Company's governing documents or by any applicable law from <br />executing the Financial Warranty Documents. <br />5. Affiant will inform the Division of Reclamation Mining and Safety within thirty (30) days in the event that <br />his/her authorization to execute Financial Warranty Documents on the Company's behalf is terminated. <br />Further, Affiant sayeth not. <br />Thomas L. Swint <br />Affiant's Name <br />f` <br />S' ature <br />STATE OF 1` ) <br />/^ 0� j ss.: <br />COUNTY OF C.,Q <br />W" k"TVED <br />Al, 1.11 <br />FR 2, 92014 <br />bmwiii of Reclamation, <br />mini ng & Safety <br />The foregom j instrument was cknowledged before me this-2 '' � day of v/ r, / <br />by %%d)rllrS L �t s'!� as _ of U! ( �' KA <br />Notary Public <br />NW <br />j <br />OFFICL4 SEAL My Commission Expires � <br />BRW4 WILSON <br />NOTARY P13E1-1C - S'A'E OF ILLINOIS <br />i4fy COMMIS&ON EC?r2ES-D6/09 /14 <br />