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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />Phone: 13031 866-J 567 <br />FAX: (3031832-8706 <br />Operator: <br />FINANCIAL WARRANTY <br />DEED OF TRUST <br />~' <br />-„-- <br />o~ corms <br />Ne~b <br />., .1. LY <br />~. <br />revs <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Director <br />~p - Odl <br />Operation: CANON DOLOMITE QUARRY <br />il:'a •'/ <br />Permit Mo.: M-77-376 - -~ - <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado dined Land Declamation Act, C.R.S. 1973, <br />34-32-101 et sea. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Board") <br />receives a Financial Warranty (or JJarranties) as described in the Act. <br />WHEREAS, CANYON QUARRY COMP, <br />"Operator"), a Colorado <br />permit to conduct a mining operation kn. <br />(the "Operation"), on certain lands in <br />Colorado. These lands are described in <br />are referred to herein as the "Affected <br />aNY (the <br />corporation, has applied for a <br />awn as Canon Dolomite D arrv <br />Fremont County, <br />Exhibit A, attached hereto, and <br />Lands". <br />'AHEREAS, as part of the application for the permit, the Warrantor <br />has agreed to be bound by all requirements of the Act and all applicable <br />rules and regulations of the Board, as amended from time to time. <br />WHEREAS, in its application for the permit, the Operator has <br />agreed with the State to provide for reclamation of the Affected Lands <br />that are now, or may become, subject to the permit, as required by law. <br />WHEREAS, the Board has determined, in accordance with the Act, <br />that the estimated costs of reclamation of the Affected Lands are those <br />amounts for the stated periods of time as set forth herein. Said amount <br />may be amended from time to time to reflect revised estimates of said <br />costs of reclamation. <br />WHEREAS, the Operator, in accordance with the Act, has promised <br />and hereby promises the Board that it will be responsible for all of the <br />estimated costs of reclamation with regard to the Affected Lands. <br />WHEREAS, the Board has determined that the Financial Warranty by <br />the Operator equals the estimated costs of reclamation, as approved by <br />the Roard, with regard to the Affected Lands. <br />Page 1 of 5 ages <br />.423 Centennial 8urlding, 1313 Shermari Street Denver, Colorado 80203-2273 Tel. 1303) 866-3567 <br />