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• III IIIIIIIIIIIIIIII` • : ~=
<br />~;y RE~~}~rED
<br />SURFACE USE AGREEMENT. ( 1995
<br />pUG 2
<br />THIS SURFACE USE AGREEMENT (the "Agreement"),,c~at~ i~2e~~~ the
<br />day of August, 1995, is by and be@6~1~~~ ~.R. Salter and
<br />/i,}l12/~ Salter, husband and wife, with an address at 14808 Winston
<br />Lane, P.O. Box 18280, Fountain Hill, Arizona 85268; James Jeffrey
<br />Mitchell and Kathleen C. Mitchell, husband and wife, with an
<br />address at 109 E. Victory Way, Craig, Colorado 81625; and Bob
<br />Mitchell naming Jeff Mitchell as attorney in fact in Power of
<br />Attorney as recorded March 7, 1986 in Boak 566 at Page 942 as found
<br />in the Clerk and Recorder's office of Moffat County, Colorado whose
<br />address is 109 E. Victory Way, Craig, Colorado 81625 (hereinafter
<br />collectively referred to as "Surface Owners", whether one or more),
<br />and CYPRUS EMPIRE CORPORATION, a Delaware corporation, with an
<br />address at 1303 County Road 107, P. 0. Box 68, Craig, Colorado
<br />81626 (hereinafter referred to as "Cyprus"}
<br />W I T N E S S E T H:
<br />1. Demise. Surface Owners for and in consideration of the
<br />fees, covenants and conditions hereinafter contained, and
<br />other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, do hereby
<br />grant unto Cyprus for the term and purposes and upon the
<br />conditions and provisions herein set forth, the right and
<br />privilege to enter upon, through, under, over and across
<br />those certain. lands (the "Lands") located in the County of
<br />Moffat, State of Colorado, the same being further
<br />described as follows:
<br />Lote 11,~12aad-3irSection 18 T6N R91w 6th P.M. $~(~
<br />2. Term. The primary term of this Agreement shall be for a
<br />period of three (3) months and shall commence on the
<br />effective date hereof. Cyprus shall be entitled to enter
<br />upon, through, under, over and across the Lands on the
<br />effective date hereof.
<br />3. Allowed Uses/Restriction,.
<br />a. Cyprus, its employees, agents, licensees, invitees,
<br />contractors, subcontractors, successors and assigns
<br />have the right and privilege to enter upon, through,
<br />under, over and across the Lands, which, in Cyprus'
<br />sole discretion, may be necessary to support Cyprus'
<br />
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