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ii i ii iii iii iii uii i • <br /> <br />RUSSELL, WILDERSON, O'HAYRE S~ DAWSON, P.C. <br /> ATTORNEYS AT LAW <br />MARRISON F. RUSSELL 120 NORTH TAYLOR STREET TELEPHONE <br />RUFUS O. WILDERSON P.O. BO% 1 79 tD70> E41 ~]]20 <br />ROBERF M. O'HAYRE GUNNISON, COLORADO B 1230 TELECOPIER <br />MICHAEL C. DAWSON. <br />ID70) 041 ~]OD4 <br />OF COUNSEL EMAIL <br />ROBERT E. WRIGFR, JR. AwoorcQvcga.Mer <br />January 15, 2000 <br />Precious Offerings Minerals Exchange, Inc. /~ <br />1044 State Highway 325 ~C@/VCd <br />Rifle, Colorado 81650 <br />FHB ~ .~ <br />Re: David J. McLain and LaDonna J. McLain ~ ~/' <br />Ladies and Gentlemen: cress to Brown Derby Mine, our file no. 14,556 ~M'sro ~o~~oe ~/ $ G~+e <br />ec~O~Y <br />On behalf of David J. McLain and LaDonna J. McLain we previously advised you by <br />our letter of December 17, 1999 that the McLains absolutely deny that you have any right of access <br />whatsoever across their lands for access to the Brown Derby Mine or otherwise, that any use of the <br />existing road across the McLain property was permissive, and that such permission was revoked. <br />You are further advised as follows: <br />1. That neither the United States Forest Service nor the Bureau of Land Management claim <br />any right of access over the McLain's property, nor are they aware of any executed <br />document purporting to grant any right of access. <br />2. That we have examined both an abstract of title to the McLain's property and the records <br />in the office of the Gunnison County Clerk and Recorder, neither of which disclose any <br />recorded instrument purporting to grant any right of access. <br />Under these circumstances, unless you are able to produce an instrument recorded <br />in the office of the Gunnison County Clerk and Recorder legally establishing your right of access <br />over the McLain's property by not later than January 31, 2000, be advised that thereafter the <br />McLains intend not only to continue to keep the existing gate across the access road locked but also <br />to.construct other physical barricades to prevent unauthorized use of the subject road. <br />We want to be clear that the McLains have no objection to the requested mining <br />permit provided that the access to the mine is not over the McLain property. Thus, if you would be <br />willing to amend your MLRB application based upon alternate access and to formally disclaim in <br />perpetuity any right of access overthe McLain property by appropriate instrument acceptable to the <br />McLains, they would withdraw their Notice of Appeal. <br />REW/dj <br />cc: David and LeDonna McLain <br />Bruce C. Kirchhoff, Alfers 8 Carver <br />Rudy Rudibaugh <br />Most sincerely, <br />Robert E. Wright, Jr. ~~ <br />LLC <br />