SETTLEMENT AGREEMENT
Exhibit 10.9
THIS SETTLEMENT AGREEMENT (“Agreement”) is made and entered into this 21st day of June, 2006, by and among:
Battle Mountain Gold Exploration Corporation, a Nevada corporation (“BMGX”)
Xxx Xxxx Xxxxxxx Xxxxxx, Xxxxx Xxxxx,
Xxxxx 0
Xxxx, Xxxxxx 00000
Phone: 000-000-0000 Fax: 000-000-0000
Pediment Gold LLC, a Nevada limited liability company (“PGL”)
000 Xxxxxxxxxx Xxxxx
Xxxx, Xxxxxx 00000
Phone:
000-000-0000 Fax: 000-000-0000
Nevada Gold Exploration Solutions, LLC, a Nevada limited liability company (“NGXS”), both as an LLC and as the sole Manager of PGL
000 Xxxxxxxxxx Xxxxx
Xxxx, Xxxxxx 00000
Phone:
000-000-0000 Fax: 000-000-0000
and the following parties, who constitute all of the Members and Managers of NGXS:
Xxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx
Xxxx X.
Xxxxxx
WITNESSETH
This Agreement is made and entered into with reference to the following facts:
A. BMGX is choosing not to continue funding PGL activities under the terms of the Letter of Intent - Acquisition Agreement of November 26, 2005 (“LOI”), pursuant to Paragraph 7 of the “Binding Terms” section of the LOI. This decision by BMGX now requires the parties to negotiate and settle upon an equitable division of assets of PGL and the parties.
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B. The LOI was signed by all members of NGXS and the chairman of BMGX on November 26, 2005, and approved by an Action of the Board of Directors of Battle Mountain Gold Exploration Corporation on December 8, 2005. Consideration for the purchase of the balance of PGL, and the exclusive rights to its proprietary water chemistry database, GIS database, water sampling protocol and vapor phase geochemistry was to have been in the form of 3,000,000 previously issued shares of BMGX, through a re-alignment of the founders’ holdings. A total of 3,000,000 restricted and unregistered BMGX founder shares (the “3,000,000 Shares”) were held in escrow in the names of the members of NGXS pending execution of the formal definitive agreement, also referred to in the LOI as an Acquisition Agreement. The terms of the definitive agreement for the purchase of PGL, as contemplated by the express terms of the LOI, were never agreed upon by the parties and no definitive agreement was ever signed by the parties.
C. PGL owns certain exploration properties; including Hot Pot and Xxxxxxxx Junction. PGL controls through a limited, exclusive license granted by NGXS, to use certain intellectual property consisting of NGXS’s proprietary water chemistry database, NGXS’s proprietary data reduction and orientation processes for its GIS database for the State of Nevada, NGXS’s proprietary water sampling protocol and vapor phase geochemistry protocol. BMGX has contributed certain monies to develop the intellectual property, two mining properties and other assets of PGL, and is a Member of PGL. BMGX and NGXS are the only two members of PGL and NGXS is the sole Manager of PGL.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, receipt of which is hereby acknowledged, it is agreed by the parties that, in settlement of all claims, charges and disputes among the parties, the parties shall divide the assets developed from BMGX’s investment in both PGL and the members of NGXS, as follows:
1. The members of NGXS hereby expressly and unconditionally waive all rights, title and interest in and to the 3,000,000 Shares held in escrow and BMGX shall have sole right and title to such shares.
2. The members of NGXS shall return to BMGX the following issued and outstanding restricted, unregistered 4,800,000 BMGX shares. The shares shall be delivered upon closing.
| Xxxx X. Xxxxxx | Certificate | # | 5021 | 1,900,000 | shares par value | $0.001 | |
| Xxxx X. Xxxxxx | Certificate | # | 5034 | 200,000 | shares par value | $0.001 | |
| Xxxxxxx X. Xxxxxx | Certificate | # | 5020 | 1,900,000 | shares par value | $0.001 | |
| Xxxxxxx X. Xxxxxx | Certificate | # | 5035 | 200,000 | shares par value | $0.001 | |
| Xxxx X. Xxxxxx | Certificate | # | 5037 | 100,000 | shares par value | $0.001 | |
| Xxxx X. Xxxxxx | Certificate | # | 5024 | 500,000 | shares par value | $0.001 | |
| Total | 4,800,000 | shares par value | $0.001 | ||||
3. The members of NGXS, acting both as the sole Members and in their respective capacities as the sole Managers of NGXS, and NGXS, as the sole Manager of PGL, hereby expressly and unconditionally grant BMGX a 1.25% Net Smelter Return on Hot Pot, as stipulated by the Net Smelter Return Royalty Agreement in Appendix I.
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4. The members of NGXS, acting both as the sole Members and in their respective capacities as the sole Managers of NGXS, and NGXS, as the sole Manager of PGL, hereby expressly and unconditionally grant BMGX a 1.25% Net Smelter Return on Xxxxxxxx Junction, as stipulated by the Net Smelter Return Royalty Agreement in Appendix I.
5. BMGX hereby expressly and unconditionally assigns, surrenders and delivers to NGXS all its rights, titles and interests as a member of PGL, including its member’s interest.
6. BMGX hereby expressly and unconditionally conveys, disclaims and relinquishes to PGL all rights, titles and interests, if any, in and to the assets of PGL, including its member’s interest, except the Net Smelter Return Royalties as listed in Paragraphs 3 and 4 above.
7. BMGX hereby expressly and unconditionally conveys, disclaims and relinquishes to NGXS all rights, titles and interests, if any, in and to the proprietary Water Chemistry Database, GIS Database, Sampling Protocol and Vapor Phase Geochemistry and all other intellectual property of NGXS for use in Nevada or anywhere else in the World.
8. BMGX hereby expressly and unconditionally relinquishes to NGXS all rights, titles and interests, if any, in and to all mining, property and exploration targets identified by BMGX’s investment in the use of the proprietary Water Chemistry Database, GIS Database, Sampling Protocol and Vapor Phase Geochemistry.
9. BMGX hereby expressly and unconditionally extends the option period relating to options granted by BMGX pursuant to the Termination of Employment of the following three (3) parties to two (2) years after the day and year first above written, said extension to apply only to the following Non-Qualified Stock Option Agreements, dated September 15, 2005, to purchase shares of BMGX stock, par value $0.001 per share, for an exercise price of $0.40 per share:
| Xxxx X. Xxxxxx | 300,000 | shares |
| Xxxxxxx X. Xxxxxx | 200,000 | shares |
| Xxxx X. Xxxxxx | 50,000 | shares |
These options are not qualified under the “cashless exercise” option.
10. BMGX agrees to immediately file Form S-8, or such other forms, with the SEC, and to take all other actions necessary to register the stock options listed in Paragraph 9 above.
11. BMGX agrees to return to PGL all documents relating to the general business of PGL and all reports and computer files relating to Hot Pot property, Xxxxxxxx Junction property, Reconnaissance Targets and certain intellectual property, consisting of NGXS’s proprietary water chemistry database, NGXS’s proprietary data reduction and orientation processes for its GIS database for the State of Nevada, NGXS’s proprietary water sampling protocol and vapor phase geochemistry protocol. BMGX agrees and covenants that it and its affiliates will not disclose, disseminate or use any of the foregoing for any purpose.
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12. BMGX agrees to assume up to $15,162.88 for work performed by PGL up to March 31, 2006 upon closing, detailed as follows:
| Date | Invoice | Description | Amount | |
| 12/30/2005 | #0-000-00000 Fed Ex | Shipping | $72.30 | |
| 2/27/2006 | # NGXS-2-2006 Xxxx Xxxxxx | February Fees & Expenses | 800.00 | |
| 3/31/2006 | #03-06 Xxxx X. Xxxxxx | March Fees & Expenses | 8,557.47 | |
| Xxxxx X. Xxxxxxx | Unpaid March Fees & Expenses | 2,628.65 | ||
| Act Labs | Outstanding Balance | 1,254.46 | ||
| 4/24/2006 | # 3266 Xxxx Xxxxxx & Co. | Tax & Book Keeping Services | 1,850.00 | |
| Total | $15,162.88 |
| 13. | Miscellaneous. | |
| a. | Time. Time is of the essence of this Agreement and in the performance and enforcement of each of the promises, covenants, representations and warranties of the parties contained herein. For the purpose of computing any period of time prescribed herein or relating hereto, the first day shall be excluded. If the period of time is six (6) days or more, weekends and public holidays shall be included. An act required to be performed on a day shall be performed at on before close of business on such day. If an act is required to be performed on a certain day and such day is not a regular business day, the time of performance or measurement shall be extended to and including the next regular business day. | |
| b. | Further Assurance. The parties are obligated to execute and deliver such other instruments and to take such other actions as are necessary to complete the contemplated transactions. | |
| c. | Diligently Close. The parties are obligated to diligently close the transaction, including BMGX’s prompt execution and delivery of documents necessary to assure that NGXS receives all of the consideration it is promised, and NGXS’s prompt execution and delivery of documents necessary to assure that BMGX receives all of the consideration it is promised. The closing shall occur no later than July 1, 2006. | |
| d. | Entire Agreement. This Agreement constitutes the entire agreement of the parties and all prior rights, negotiations and representations are merged herein. The provisions of this agreement shall supersede all other previous oral or written agreements between the parties hereto. | |
| e. | Binding Effects. This Agreement shall inure to the benefit of, and be binding upon, the parties and their several successors interested in any capacity. | |
| f. | Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Nevada. All disputes shall be arbitrated in accordance with the terms of Appendix I. | |
| g. | Notices. Any notice or notices which any party hereto deems necessary, useful or convenient to give to any other party or parties hereto, at any time | |
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| and from time to time, shall be in writing and shall be personally served upon or mailed to the parties at the addresses listed in the first paragraph of this Agreement. | |
| h. | Attorney’s Fees and Cost. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the above provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which he may be entitled. |
| i. | Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to constitute one and the same instrument. |
| j. | Captions. Article and paragraph captions contained in this Agreement are inserted only as a matter of convenience and reference. Said captions shall not be construed to define, limit, restrict, extend or describe this Agreement or the intent of any provision hereof. |
| k. | Gender and Number. Whenever used in this Agreement and as required by the context of the transaction, the single number shall include the plural, the plural number shall include the singular, and masculine gender shall include the feminine and neuter. |
| l. | Form of Association. As required by the context, the term “person” shall include individuals, partnerships, limited partnerships, corporations, estates and trusts. |
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
________________________________
Xxxx Xxxxxx
Chairman
Battle Mountain Gold Exploration Corp.
_________________________________
Xxxxxxx X. Xxxxxx
Member and Manager of
Nevada Gold Exploration Solutions, LLC,
A Member and Sole Manager of
Pediment Gold LLC
_________________________________
Xxxx X. Xxxxxx
Member and Manager
Nevada Gold Exploration Solutions, LLC
_________________________________
Xxxx X. Xxxxxx
Member and Manager
Nevada Gold Exploration Solutions, LLC
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APPENDIX I
To the Settlement Agreement by and among BMGX, PGL, NGXS and the Members of NGXS
NET SMELTER RETURN ROYALTY AGREEMENT
This Net Smelter Return Royalty is dated as of the day and year first above written BETWEEN:
| Pediment Gold LLC | |
| (the “Owner”) | |
| - | |
| - | and |
| - | |
| - | Battle Mountain Gold Exploration Corporation |
| - | (“BMGX”) |
WHEREAS the Owner is the legal and beneficial owner of certain mineral exploration properties located in Nevada and known as the Xxxxxxxx Junction Property and the Hot Pot Property.
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, it is agreed as follows:
| 1. | DEFINITIONS | ||
| a. | “Affiliate” means, with respect to any person, another person that is, at any time now or hereafter, directly or indirectly controlling, controlled by or under direct or indirect common control with, such person. | ||
| b. | “Business day” means any day which is not a Saturday, Sunday or banking holiday in the United States of America. | ||
| c. | “Control” means, with respect to any person, voting securities carrying more than 50% of the votes for the election of directors of such person which, if exercised, are sufficient to elect majority of the board of directors of such person, or any other person who has the power to direct or cause the direction of the management and policies of such person, whether through the ownership of shares or by contract or otherwise. | ||
| d. | “Encumbrance” means any mortgage, charge, pledge, lien or security interest. | ||
| e. | “Existing Properties” means the Xxxxxxxx Junction Property and the Hot Pot Property. | ||
| f. | “Expenses” means, with respect to any particular period, the following expenses to the extent incurred by the Owner during such period: | ||
| i. | sales, use, gross receipts and severance taxes and all mining taxes, payable by the Owner or other operator of the Existing Properties, that are based directly upon, and actually assessed against, the value or quantity of Minerals sold or | ||
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| otherwise disposed of from the Existing Properties; but excluding any and all taxes based upon the net or gross income of the Owner or other operator of the Existing Properties, the value of the Existing Properties or the privilege of doing business, and other taxes assessed on a similar basis; but for greater certainty, without deduction in respect of any other royalty in respect of the Existing Properties: | |
| ii. | charges and costs, if any, for transportation (including, but not limited to, direct insurance costs while in transit) of Minerals from the Existing Properties to places where such Minerals are smelted, refined, and/or sold or otherwise disposed of; and |
| iii. | charges, costs (including assaying, sampling and sales costs) and all penalties, if any, charged by any off-site arm’s length smelter or refiner of the Minerals; but, if smelting and/or refining are carried out in facilities owned or controlled, in whole or in part, by the Owner, then the charges and costs for such smelting or refining of such Minerals shall be the lesser of: (A) the charges and costs the Owner would have incurred if such smelting or refining was carried out at facilities that are not owned or controlled by the Owner and that are offering comparable services for comparable products; and (B) the actual charges and costs incurred by the Owner with respect to such smelting and refining. |
| g. | “Xxxxxxxx Junction Property” means the unpatented mining claims described on Schedule A1 hereto, as well as all additional mining claims, mining leases and other mineral and surface rights in which the Owner has or acquires a direct or indirect interest, if all or any part of such property lies within 2.5 miles of any boundary of the current property boundary. |
| h. | “Gross Proceeds” means, without duplication, with respect to any particular period, the value of all consideration, monetary or otherwise (including insurance proceeds): (i) paid to any person, including the Owner in respect of the sale or other disposition of Minerals during such period; and (ii) paid to any person from the sale or other disposition of Tailing during such period; and, without limiting the foregoing, for purposes of determining the Gross Proceeds received by the Owner from sales of Minerals in respect of hedging transactions, the value of the consideration received by the Owner shall be deemed to be the Spot Prices of the applicable Minerals, and for purposes of determining Gross Proceeds received by the Owner in connection with the repayment of any gold loan, the value of the consideration paid by the Owner shall be deemed to be the Spot Prices of the applicable Minerals at the time of such repayment. |
| i. | “Hot Pot Property” means the owners lease hold interest in the mineral estate and the Minerals on, in and under the lands described in Schedule A2 attached to and by this reference incorporated in this Agreement, pursuant to the Mining Lease Agreement (the “Mining Lease Agreement”) between Owner and Xxxxxx Xxxxxx Ranches, Inc. as well as all additional mining claims, mining leases and other mineral and surface rights in which the Owner has or acquires a direct or indirect interest, if all or any part of such property lies within 2.5 miles of any boundary of the current property boundary. |
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| j. | “Minerals” means all naturally occurring metallic and non-metallic minerals that are mined or otherwise recovered from the Existing Properties, whether in the form of doré, concentrates, tailings, or otherwise, including, without limitation, gold, silver, lead, zinc, copper, limestone, precious gems, coal, salt and all beneficiated or derivative products thereof. |
| k. | “Net Smelter Returns” means, with respect to any particular period, the difference between Gross Proceeds and Expenses for such period. |
| l. | “Permitted Encumbrances” means the Royalty and any other Encumbrance disclosed on Schedule B hereto. |
| m. | “Prime Rate” means, at any particular time, the reference rate of interest, expressed as a rate per annum that the Bank of New York establishes as its prime rate of interest. |
| n. | “Refinery” means any smelter, refiner or other processor, purchaser or other user of the Minerals. |
| o. | “Royalty” means the right of BMGX to receive the payments described in subsection 2 of this agreement. |
| p. | “Spot Price” means, with respect to a particular Mineral, the price determined for such Mineral on the date on which payment for such Mineral is delivered or credited to the account of the Owner and, for such purposes, the “spot price” of gold shall be determined using the price of gold in U.S. Dollars on the London Bullion Market Afternoon Fix on such day, and the “spot price” of any other Mineral shall be determined using the price of such Mineral quoted at the close of business on such day by the New York Commodity Exchange; and if, for any reason the London Bullion Market or the New York Commodity Exchange is no longer in operation or the “spot price” of a particular Mineral is not quoted on the London Bullion Market or the New York Commodity Exchange, the “spot price” of such Mineral shall be determined by reference to the price of such Mineral on another similar commercial exchange entity having the largest volume of trading in such Mineral on such day; and the exchange rate used to convert a “spot price” to U.S. Dollars from any other currency on a particular date shall be the exchange rate for such other currency on such date published by the Wall Street Journal, New York. |
| q. | “Tailings” means all mineral-bearing materials (including, without limitation, gold and silver) located in or on the Existing Properties on or after the date hereof, resulting from the extraction and recovery of Minerals. |
2. GRANT OF ROYALTY
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Owner, and subject to the terms of this agreement, the Owner hereby grants, sells, assigns, transfers and conveys to BMGX a right to receive payments in respect of Net Smelter Returns, calculated at the rate of 1.25% of Net Smelter Returns, from the production of minerals from the Xxxxxxxx Junction Property and the Hot Pot Property.
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The royalty in the Hot Pot Property shall be an overriding royalty in the lease hold estate under the Mining Lease Agreement.
| 3. | TIME AND MANNER OF ROYALTY PAYMENTS | |
| a. | The Royalty shall be calculated in respect of Net Smelter Returns after the date hereof and shall be paid to BMGX by each applicable Refinery simultaneously with any payment (or other credit to the Owners account) made by such Refinery to the Owner in respect of any sale or other disposition of the Minerals, subject to section 10. | |
| b. | The Owner shall execute an irrevocable direction in the form of Schedule C hereto pursuant to which the Owner shall irrevocably direct each Refinery to pay the Royalty directly to BMGX, calculated in accordance with section 2 of this agreement. In addition, the Owner shall provide each Refinery with all information necessary to permit such Refinery to calculate the Royalty payment in sufficient time to permit timely payment thereof, and a copy of all such information shall be concurrently delivered to BMGX. Notwithstanding that the Royalty payments will be paid by the Refinery, the obligation to make payment of the Royalty hereunder is an obligation of the Owner and any failure by the Refinery to make any such payment does not in any way limit the obligation of the Owner to make such payment to BMGX. | |
| c. | Any portion of any Royalty payment that relates to the sale or other disposition of gold shall be paid to BMGX, at BMGX’s option, in gold bullion and shall be satisfied by the provision of appropriate gold credit in respect thereof in favor of BMGX at the applicable Refinery. BMGX shall provide the Owner with written notice of BMGX’s election to receive payment in gold bullion not less than 5 business days prior to the date on which the next applicable Royalty payment is to be made to BMGX. Each Royalty payment paid in gold bullion shall be converted to gold bullion at the price of gold paid by the Refinery or, if sold pursuant to a hedging transaction, at the Spot Price for gold, and used to calculate the amount of such Royalty payment. Each Royalty payment, or portion thereof, that is not payable in gold bullion shall be paid in immediately available U.S. Dollars, in cash or by certified check, bank draft or wire transfer. All Royalty payments that are not payable in gold bullion shall be delivered to BMGX at its principal place of business as specified in subsection 19(g) or in such manner or at such other place as specified in writing by BMGX. | |
| d. | All Royalty payments, including interest and penalties, if any, shall be made without withholding of or deduction for, or on account of, any present or future taxes, duties, assessments or governmental charges of whatever nature (collectively, “Withholdings”), unless such Withholdings are imposed or levied, and are required, by or on behalf of the Government of the United States of America or any political subdivision thereof, or any department, authority or agency therein or thereof having power to tax. If any Withholding is required in respect of any Royalty payment, the Owner shall pay to BMGX such additional amounts as are necessary in order that the Royalty payment received by BMGX after deduction of such Withholdings equals the Royalty payment that would have been received by BMGX if such Withholdings had not been deducted. | |
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| e. | Concurrently with each Royalty payment, the Owner shall prepare and deliver to BMGX a detailed statement of the manner in which such Royalty payment was calculated, including: (i) the quantity of Minerals to which such Royalty payment is applicable; (ii) the calculation of the applicable Net Smelter Returns; (iii) the price(s) paid by the Refinery for the applicable Minerals. | ||
| f. | BMGX may object in writing to any statement and payment amount within 6 months after receipt of the relevant statement or payment. If any Royalty payment has not been paid in full as provided herein, BMGX may give the Owner notice in writing of such default and, unless BMGX has received such payment within 5 business days after receipt of such notice by the Owner, the Owner shall pay interest on the amount by which such payment is delinquent (as well as interest on interest) at a rate of Prime Rate plus 1% per annum, calculated daily and compounded monthly, commencing on the date on which such delinquent amount was due and continuing until BMGX receives payment in full on such delinquent amount and all accrued interest thereon. If the amount of any adjustment to the aggregate Royalty payments required to be paid to BMGX during a calendar year is more than $10,000, the Owner shall pay a penalty to BMGX equal to the amount of the adjustment multiplied by the Prime Rate plus 1%. | ||
| 4. | RIGHT OF FIRST REFUSAL ON ADDITIONAL ROYALTIES | ||
| a. | If the Owner receives a bona fide offer (an "Offer") from a third party (the "Purchaser") to purchase or acquire from the Owner, or if the Owner otherwise intends to reserve, grant or create, any additional royalty or other non-equity participation in respect of any minerals or profits relating to the Xxxxxxxx Junction Property or the Hot Pot Property (an "Additional Royalty"), the Owner shall not reserve, create, grant or sell such Additional Royalty unless BMGX has been given the first right of refusal to purchase such Additional Royalty in accordance with this section. | ||
| b. | If the Owner wishes to accept an Offer, then a copy of such Offer shall be delivered to BMGX. In addition to a copy of such Offer, the Owner shall provide to BMGX: | ||
| i. | Written notification of the identity of the Purchaser; | ||
| ii. | A written description of each type of cash and non-cash consideration (including, without limitation, tangible or intangible assets, property, negotiable instruments, securities or other benefits) included in the Offer, together with a statement of the monetary value as of the date of such Offer of any non-cash consideration. | ||
| iii. | Written confirmation that there is no other direct or indirect supplementary cash or non-cash consideration to be received by the Owner, the Purchaser or any other person in connection with such Offer, other than as disclosed in paragraph 4(b)(ii) above, and that such Offer is not made as part of, or in connection with, any other transaction; and | ||
| iv. | A certificate of a senior officer of the Purchaser, or a certificate of the Purchaser’s external auditor, confirming that the monetary value of the non-cash consideration receivable by the Owner pursuant to the Offer is not less than the | ||
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| monetary value thereof described to BMGX pursuant to paragraph 4(b)(ii) above. | |||
| c. | BMGX may notify the Owner of BMGX’s intention to purchase such Additional Royalty at any time within the 45 day period commencing on the date on which BMGX has received all information referred to in subsection 4(b) above. If BMGX does not agree to purchase such Additional Royalty within such 45 day period, the Owner may thereafter reserve, create, grant or sell such Additional Royalty to the Purchaser, provided that: | ||
| i. | The terms and conditions offered to such Purchaser are the same as the terms and conditions stated in the Offer and described in the information provided pursuant to paragraphs 4(b)(i), (ii) and (iii); | ||
| ii. | Such Purchaser purchases the Additional Royalty within 90 days after the above-noted 45 day period has expired or 90 days after BMGX notified the Owner of its intention not to buy the Additional Royalty, whichever is earlier; and | ||
| iii. | The Owner complies with the terms and conditions specified in section 18 of this agreement. | ||
| If the Additional Royalty is not purchased by the Purchaser within such 90 day period, then the terms of this section shall again, and from time to time, apply and BMGX shall be entitled to a first right of refusal in respect of any Offer, in accordance with the terms of this section. | |||
| d. The owner shall not reserve, create, grant or sell any Additional Royalty except in accordance with this section 4 and section 18. | |||
| 5. REPRESENTATIONS AND WARRANTIES OF THE OWNER | |||
| The Owner hereby represents and warrants as follows: | |||
| a. The Owner is a limited liability company duly formed, organized, validly existing and in good standing under the laws of the State of Nevada. | |||
| b. The Owner has all necessary power and authority to enter into and perform its obligations under this agreement and to carry on its business as now conducted and as currently proposed to be conducted. | |||
| c. Neither the execution nor delivery of this agreement nor the consummation of the transactions contemplated herein nor compliance with the terms, conditions and provisions of this agreement will conflict with or result in a breach of any terms, conditions or provisions of the charter documents or by-laws of the Owner, any law, rule or regulation having the force of law, any contractual restrictions that are binding upon the Owner, or any of the Xxxxxxxx Junction Property, or the Hot Pot Property, or any writ, judgment, injunction, determination or award that is binding upon the Owner. | |||
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| d. | The execution and delivery of this agreement and the consummation by the Owner of the transactions contemplated herein have been duly authorized by all necessary corporate action, and all necessary third party consents have been obtained. |
| e. | This agreement has been duly executed and delivered by the Owner and constitutes a valid and legally binding obligation of the Owner, enforceable in accordance with its terms by BMGX against the Owner. |
| f. | Except as set forth in Schedule B, there are no actions, suits or proceedings pending or, to the best knowledge of the Owner, threatened against or affecting the Owner, any of the Xxxxxxxx Junction Property or the Hot Pot Property or the Minerals, before any court, arbitrator or governmental administrative body or agency, that might materially adversely affect the Xxxxxxxx Junction Property or the Hot Pot Property or the Owner’s Interest therein or challenge the validity or propriety of the transactions contemplated herein. The Owner is not in default in any material respect under any applicable statute, rule, order, decree or regulation of any court, arbitrator or governmental body or agency having jurisdiction over the Owner. |
| g. | The Owner has filed all the tax returns that are required to be filed and has paid all taxes that have become due pursuant to such returns or pursuant to any assessment received by the Owner. |
| h. | The Owner possesses, and will at all times during the term of this agreement possess, all material licenses, approvals and consents from all applicable levels of government and from all regulatory authorities that are required to properly conduct the business on the Xxxxxxxx Junction Property and the Hot Pot Property. |
| i. | There is no Encumbrance upon or with the respect to the Xxxxxxxx Junction Property and the Hot Pot Property, the Royalty, the Minerals, receivables derived from the sale or other disposition of the Minerals or the income of the Owner, other than Permitted Encumbrances. |
| j. | To the best of the Owner’s knowledge, information and belief, the Owner has good and marketable title to, and is in exclusive possession of all right, title and interest in and to, the Xxxxxxxx Junction Property and the Hot Pot Property, either as owner or lessee, as the case may be, subject only to Permitted Encumbrances. |
| k. | To the best of the Owner’s knowledge, information and belief, each mining lease and mining claim constituting or relating to the Xxxxxxxx Junction Property and the Hot Pot Property and the Mining Lease Agreement is fully and accurately disclosed on Schedule A1 or A2 respectively, to this agreement, is in good standing, has been properly recorded in accordance with all applicable laws, and all assessment work has been done and all rental and other amounts owing thereunder have been paid to the date hereof. |
| l. | Not Applicable. |
| m. | Not Applicable. |
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| n. | To the best of the Owner’s knowledge, information and belief, the Owner is the sole registered and beneficial owner of, all right, title and interest in and to the unpatented mining claims which comprise the Xxxxxxxx Junction Property and owner is the sole lessee of the Hot Pot Property, and there are no outstanding rights, agreements or options in favor of any third party to acquire any interest in any of the foregoing claims. | |
| o. | Upon registration of notice of the Royalty on title to the Xxxxxxxx Junction Property and the Hot Pot Property, the Royalty will constitute a real property interest in the Xxxxxxxx Junction Property, that will run with such claims and will be enforceable against the Owner and against any third party acquirer, assignee or transferee of all, or any part of, the Xxxxxxxx Junction Property, and the royalty will constitute an overriding royalty against the Mining Lease Agreement. | |
| p. | The unpatented mining claims described in Schedule A1 comprise all of the mining claims, mining leases, surface rights and mineral rights relating to the exploration project referred to as the Xxxxxxxx Junction Property. | |
| q. | The property described in Schedule A2 comprises the mining lease relating to the exploration project referred to as the Hot Pot Property. | |
| r. | Not Applicable. | |
| s. | The unpatented mining claims described and the Mining Lease Agreement in Schedules A1 and A2 comprise all of the mining claims, mining leases, surface rights and mineral rights owned or used by the Owner of the date hereof. | |
| t. | There are no material facts or material changes with respect to PGL that have not been disclosed to BMGX. | |
| 6. | REPRESENTATIONS AND WARRANTIES OF BMGX | |
| BMGX hereby represents and warrants as follows: | ||
| a. | BMGX is a corporation duly incorporated and validly existing under the laws of Nevada. | |
| b. | BMGX has full corporate right, power and authority to enter into and perform its obligations under this agreement. | |
| c. | This agreement has been duly executed and delivered by BMGX and constitutes a valid and legally binding obligation of BMGX, enforceable in accordance with its terms by the Owner against BMGX. | |
| d. | BMGX has all necessary regulatory approvals and consents to enter into this agreement and to acquire the Royalty. | |
Page 14 of 34
7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the Owner and BMGX set forth in this agreement shall survive the purchase hereunder of the Royalty, notwithstanding the purchase of the Royalty by BMGX and any investigation made by or on behalf of the Owner and BMGX, respectively, and all such representations, warranties, covenants and agreements of the Owner and BMGX shall continue during the term of this agreement in full force and effect for the benefit of BMGX and the Owner, respectively.
| 8. | TERM |
| This agreement shall continue from the day and year first above written, in perpetuity. | |
| 9. | COMMINGLING |
Before any Minerals are commingled with minerals from any other properties, the Minerals shall be measured and sampled in accordance with sound mining and metallurgical practices for moisture, metal, and other appropriate content. Representative samples of the Minerals shall be retained by the Owner and assays (including penalty substances) and other appropriate analyses of these samples shall be made before commingling to determine metal, mineral and other appropriate content and penalty substances of the Minerals. From this information, the Owner shall determine the quantity of the Minerals subject to the Royalty notwithstanding that the Minerals have been commingled with minerals from other properties. Following the expiration of the period for objections described in subsection 3(f) above, and absent timely objection, if any, made by BMGX, the Owner may dispose of the materials and data required to be kept and produced by this section.
10. HEDGING TRANSACTIONS
All profits and losses resulting from the Owner or operator engaging in any commodity futures trading, option trading, metal trading, gold loans or any combination thereof, and any other hedging transactions (collectively “hedging transactions”) are specifically excluded from calculations of Royalty payments pursuant to this agreement. All hedging transactions by the Owner or operator and all profits or losses associated therewith, if any, shall be solely for the Owner or operators account. The amount of Royalty to be paid on all Minerals subject to hedging transactions by the Owner or operator shall be determined pursuant to the provisions of this section. The Owner shall only enter into hedging transactions in respect of Minerals if the Net Smelter Returns in respect thereof are not that portion of Net Smelter Returns that represents or constitutes a Royalty payment, depending upon the rate of which the Royalty is calculated at the applicable time, of all Minerals delivered to the Refinery shall not be subject to hedging transactions and shall be available to satisfy each Royalty payment. With respect to Minerals subject to hedging transactions by the Owner, Net Smelter Returns shall be determined without reference to hedging transactions and shall be determined by using the Spot Price.
| 11. | BOOK: RECORDS: INSPECTIONS |
| a. The Owner shall keep true and accurate books and records of all of its operations and activities with respect to the Existing Properties and the Minerals, prepared on an | |
Page 15 of 34
| accrual basis in accordance with US generally accepted accounting principles, consistently applied. BMGX may, from time to time, perform audits or other examinations of all of the Owner’s books and records to confirm Net Smelter Return calculations and compliance with the terms of this agreement. BMGX shall promptly commence, and diligently complete, any audit or other examination permitted hereunder. The reasonable expenses of any audit or other examination permitted hereunder shall be paid by BMGX, unless the results of such audit or other examination permitted hereunder disclose a deficiency in respect of the Royalty payments paid to BMGX hereunder in a monthly amount greater than $10,000, in which event the costs of such audit or other examination shall be paid by the Owner. | ||
| b. | Upon commencement of production, thereafter within six months after the end of each calendar year, the Owner shall provide BMGX with an annual report of Minerals mined, Minerals milled, recoveries, grades, net Smelter Return expenses and capital and development expenses with respect to the Existing Properties during such calendar year. Such annual report shall include estimates of proposed expenditures upon, anticipated production from and estimated remaining Mineral reserves on the Existing Properties for the succeeding calendar year and any changes to, or replacements of, the mine plan or any “life of mine” plan with respect to the Existing Claims. The Owner shall provide BMGX with a copy of any “life of mine plan”, if produced, within 30 days of its approval by the Owner and any material changes to, or replacements of, any such “life of mine” plan or any mine plan within 30 days after such change or replacement thereof. The Owner agrees, at the request of BMGX, to provide BMGX with such data or reports as may be reasonably required to file with stock exchanges or securities commissions in connection with any listing applications or prospectus filings. | |
| c. | Upon not less than 5 business days’ notice to the Owner, BMGX, or its authorized agents or representatives, may, under the direction and control of the Owner, enter upon all surface and subsurface portions of the Xxxxxxxx Junction Property and Hot Pot Property, for the purpose of inspecting the Existing Properties, all improvements thereto and operations thereon, and all production records and data pertaining to all production activities and operations on or with respect to the Existing Properties, including without limitation, records and data that are electronically maintained. | |
| BMGX, or its authorized agents or representatives, shall enter upon the Existing Properties at its own risk and expense and shall not hinder the operations and activities on or relating to the Xxxxxxxx Junction Property and Hot Pot Property. | ||
| 12. | COMPLIANCE WITH LAWS: ENVIRONMENTAL OBLIGATIONS | |
| a. | The Owner shall indemnify and save BMGX harmless from any loss, cost or liability (including, without limitation, reasonable legal fees) arising from a claim against BMGX in respect of any failure by Owner to at all times comply with all applicable present or future federal, state, county and local laws, statutes, rules, regulations, permits, ordinances, certificates, licenses and other regulatory requirements, policies and guidelines relating to the Owner’s operations and activities on or with respect to the Xxxxxxxx Junction Property and the Hot Pot Property; provided, however, the Owner shall have the right to contest any of the same if such contest does not jeopardize any such claims or BMGX’s rights thereto or under this agreement. | |
Page 16 of 34
| b. | The Owner shall indemnify and save BMGX harmless from any loss, cost or liability (including, without limitation, reasonable legal fees) arising from a claim against BMGX in respect of: | |
| i. | any failure by the Owner to timely and fully perform all reclamation required by all governmental authorities pertaining or related to the Owner’s operations or activities on or with respect to the Xxxxxxxx Junction Property and the Hot Pot Property or required under this agreement; | |
| ii. | the Owner, causing, suffering, or permitting any condition or activity at, on or in the vicinity of the Xxxxxxxx Junction Property and the Hot Pot Property which constitutes a nuisance; or | |
| iii. | any failure by the Owner which results in a violation of or liability under any present or future applicable federal, state, county or local environmental laws, statues, rules, regulations, permits, ordinances, certificates, licenses and other regulatory requirements, policies or guidelines. | |
| c. Owner shall have no obligations under this Section 12 for any activities which occur on the Xxxxxxxx Junction Property and the Hot Pot Property after Owner surrenders or transfers the Xxxxxxxx Junction Property or the Hot Pot Property. | ||
13. TAILINGS
All Tailings shall be subject to the Royalty. If commingling of the Tailings occurs in accordance with the terms of this agreement, the amount of such Tailings subject to the Royalty shall be based upon the estimated weight of such Tailings multiplied by the estimated recoverable grade of such Tailings.
14. STOCKPILING
The right of the Owner or operator to stockpile, store or place Minerals in locations off the Existing Properties (the “Other Locations”) shall not be exercisable until the Owner or operator has first obtained a written agreement from each owner (the “Other Owner”) of the Other Locations where such Minerals will be stockpiled, stored or placed, in recordable form, in favor of BMGX and executed by such Other Owner that provides:
| a. | that BMGX’s rights with respect to the Minerals pursuant to this agreement shall continue in full force and effect with respect to the Minerals stored at the Other Locations; |
| b. | that BMGX’s rights in and to the Minerals stored at such Other Locations shall be the same as if the Minerals were situated on the Existing Properties; |
| c. | that BMGX’s rights with respect to the Minerals stored at such Other Locations shall have priority over the Other Owner’s rights with respect to the Minerals stored at such Other Locations; and |
| d. | that the agreement executed by the Other Owner shall not be terminated as long as any Minerals are stored at the Other Locations. |
Page 17 of 34
| 15. | MAINTENANCE OF PROPERTY | |||
| a. | The Owner will use its reasonable best efforts to maintain the right, title and interest of the Owner and BMGX in and to the Xxxxxxxx Junction Property and Hot Pot Property, and without limiting the foregoing or any other terms of this agreement, the Owner will pay when due all property payments and other amounts owing in respect of such claims and will maintain such claims in good standing. | |||
| b. | Notwithstanding the foregoing, the Owner shall be entitled from time to time to abandon or surrender or allow to lapse or expire all or any part or parts of the Xxxxxxxx Junction Property and Hot Pot Property (the “Abandoned Claims”) if: | |||
| i. | the Owner determines, acting reasonably, that such part or parts are not economically viable or otherwise have insufficient value to warrant continued mining operations; | |||
| ii. | the Owner has provided BMGX with not less than 5 days’ prior written notice of the Owner’s intention to abandon, surrender, or allow the expiry or lapse of , such Abandoned Claims; and | |||
| iii. | within 5 days after receipt by BMGX of written notice from the Owner pursuant to paragraph 15 (b) (ii) BMGX has not provided the Owner with written notice of BMGX’s intention to acquire such Abandoned Claims. | |||
| c. | Notwithstanding subsection 15 (b), the Owner shall not abandon or surrender, or allow to lapse or expire, any part or parts of mining claims or leases relating to or comprising the Existing Properties for the purpose of permitting any third party to acquire such part or parts of such claims and avoid the Royalty; and if the Owner, or any associate, affiliate or related party of the Owner, acquires any part or parts of such Abandoned Claims, the calculation of the Royalty pursuant to section 2 shall include all Minerals relating to such Abandoned Claims. | |||
| d. | If BMGX provides the Owner with written notice of BMGX’s intention to acquire the Abandoned Claims, the Owner shall forthwith transfer to BMGX all of the Owner’s right, title and interest in and to such Abandoned Claims for aggregate consideration of $1.00 without any representations or warranties and BMGX shall assume all obligations regarding the Abandoned Claims, as applicable. | |||
| 16. CONDUCT OF OPERATIONS | ||||
| a. All decisions concerning methods, the extent, times, procedures and techniques of any exploration, development, mining, leaching, milling , processing, extraction treatment, if any, and the materials to be introduced into the Existing Properties or produced there from, and all decisions concerning the sale or other disposition of Minerals (including, without limitation, decisions as to buyers, times of sale, whether to store or stockpile Minerals for a reasonable length of time without selling the same) | ||||
Page 18 of 34
| shall be made by the Owner, acting reasonably and in accordance with good mining and engineering practice in the circumstances. | |
| b. | The Owner shall not be responsible for nor obliged to make any Royalty payments for mineral values lost in any mining or processing of the Minerals conducted pursuant to customary mining practices. The Owner shall not be required to mine or to preserve or protect the Minerals which under customary mining practices cannot be mined or shipped at a reasonable profit by the Owner at the time mined. |
| c. | The Owner will not at any time permit any associate, affiliate or related party of the Owner to be a Refinery without the prior written consent of BMGX. |
17. NO IMPLIED COVENANTS
The parties agree that no implied covenants or duties relating to exploration, development, mining, or the payment of production royalties or any other monies provided for herein shall affect any of their respective rights or obligations hereunder, and that the only covenants or duties which affect such rights and obligations shall be those expressly set forth and provided for in this agreement.
18. SALE OR ENCUMBERANCE OF PROPERTY
The Owner shall not sell or transfer all or any part of the Xxxxxxxx Junction Property or Hot Pot Property or permit any Encumbrance (other than Permitted Encumbrances) on all or any part of such property, the Minerals receivable derived from the sale or other disposition of the Minerals or the Owners income from such properties, without the consent of BMGX, which consent will not be unreasonably withheld; and for greater certainty, BMGX’s consent may be withheld if such sale, transfer or Encumbrance of such Property would limit or avoid the Royalty.
| 19. | GENERAL PROVISONS |
|
a. Further Assurances: Registration of Interest | |
Each party shall execute all such further instruments and documents and do all such further actions as may be necessary to effectuate the documents and transactions contemplated in this agreement, in each case at the sole cost and expense of the party requesting such further, document or action. BMGX shall have the right from time to time, to the extent permitted by law, to register or record notice of this agreement, any other instruments relating to this agreement, a notice of the Royalty, and a caution or other title document against the title to the Existing Properties and the Owner shall cooperate with such registration or recording and provide its written consent or signature to any documents or things necessary to accomplish such registration or recording. Any successor or assignee or other acquiror of the Existing Properties, or any interest therein, shall be subject to this agreement and shall be obligated to comply with the terms hereof, including the obligations to co-operate in respect of the registration of this agreement.
Page 19 of 34
b. Binding Effect
All covenants, conditions, and terms of this agreement shall, to the extent permitted by the laws of Nevada, be of benefit to and run as a covenant with the Existing Properties and shall bind and inure to the benefit of the parties hereto, their respective successors and assigns, including, without limitation, partners, joint venture partners, lessees and mortgagees. Nothing herein shall be construed to create, expressly or by implication, a joint venture, mining partnership, commercial partnership, or other partnership relationship between the Owner and BMGX.
c. Entire Agreement
This agreement (including the Schedules attached hereto) and the Agreement dated the day and year first above written between the Owner and BMGX (the "Settlement Agreement"), contain the entire agreement between the Owner and BMGX, and no oral agreement, promise, statement or representation which is not contained herein or in the Purchase Agreement shall, be binding upon the parties, unless the parties hereto consent in writing thereto. The provisions of this agreement shall supersede all other previous oral or written agreements between the parties hereto.
d. Governing Law
This agreement shall be governed by and construed under the laws of Nevada. All disputes shall be arbitrated in accordance with the terms of subsection 19(i) below.
e. Currency
All dollar ($) amounts referred to herein, unless indicated expressly to the contrary shall refer to lawful currency of the United States of America.
| f. | Time of Essence | |
| Time is of the essence in this agreement. | ||
| g. | Notice | |
| i. | Subject to the payment provisions of this agreement, all notices, designations or other documents requires or authorized by the terms of this agreement shall be in writing, shall be personally delivered or mailed by registered or certified mail, postage prepaid, return receipt requested or telecopied in a manner which confirms transmissions to the recipient, and shall be addressed as follows: If to the Owner: | |
Pediment Gold LLC
000 Xxxxxxxxxx Xxxxx
Xxxx, Xxxxxx 00000
Fax Number: (000) 000-0000
Attention: Xxxxxxx X. Xxxxxx, Member
Xxxx X. Xxxxxx, Member
Page 20 of 34
| If to BMGX: | |
| Battle Mountain Gold Exploration Corporation Xxx Xxxx Xxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxx 0 Xxxx, Xxxxxx 00000 Fax Number: (000) 000-0000 Attention: Xxxx X. Xxxxxx, CEO | |
| ii. | Any of the parties may change its address for notice by giving the other parties notice of such change in the manner specified in this section. Notices personally delivered shall be deemed to have been made and received on the date of delivery. Notices given by mail in the manner specified in this section shall be deemed to been made, delivered and received 5 days after the date of mailing. |
| Notices telecopied in the manner in this section shall be deemed to have been made and received on the next business day following the day on which any such notice was telecopied. | |
(h) Headings
The headings of all the sections in this agreement are inserted for convenience of reference only and shall not affect the interpretation thereof.
| (i) | Dispute Resolution | |
| i. | Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to binding arbitration and any such dispute shall not be the subject of an action in any court of law or equity by any party hereto unless the dispute has first been submitted to arbitration and finally determined in accordance with the International Arbitration Rules of the American Arbitration Association. In any such action, the decision of the arbitrator (or arbitrators, as the case may be) shall be conclusively deemed to determine the rights and liabilities of the parties to the arbitration in respect of the matter in dispute, and any court action in any court of law or equity subsequently by any party shall only be for judgment based upon the decision of the arbitrator (or arbitrators, as the case may be) and costs incidental to such action. | |
| ii. | The language of the arbitration shall be in English and the arbitration decision shall be in English. The place of the arbitration shall be Reno, Nevada. | |
| iii. | Any arbitration shall be conducted by one arbitrator appointed by the mutual agreement of the parties within 30 days after the date on which notice of arbitration is received by the Owner or BMGX, as the case may be, from the other party. If the parties fail to agree upon the appointment of the arbitrator, each of the parties shall appoint one arbitrator within a further 15 days, and the two such arbitrators so appointed shall, within 15 days after their appointments, select a third arbitrator who shall act as the presiding arbitrator. If the two arbitrators appointed by the parties hereto fail to agree upon the appointment of the third arbitrator, such arbitrator shall be appointed by the American Arbitration Association (or, if such Association fails to make such appointment, by a court of | |
Page 21 of 34
| competent jurisdiction) at the request of the party who gave notice of the arbitration, and such selection shall be final and binding upon each of the parties hereto. | |
| iv. | The arbitrator or arbitrators, as the case may be, shall take evidence directly from witnesses and documents presented by the parties and all witnesses shall be made available for cross-examination. The arbitrator or arbitrators, as the case may be, shall render a written decision, stating reasons therefore, within one month after the appointment of such arbitrator, or within two months after the appointment of the last arbitrator, if the arbitration is conducted by a panel of three arbitrators, and such award shall be final and binding upon the parties to such arbitration. |
| v. | Each party shall be responsible for all costs incurred by such party in respect of the preparation for the arbitration proceedings and the appointment of the arbitrator or arbitrators. The costs of the arbitration proceedings and all related expenses shall be borne by the losing party to the arbitration or, if neither party is clearly the losing party, the costs of the arbitration proceedings and all related expenses shall be shared equally by each party, unless the arbitrator or arbitrators, as the case may be, determine that the costs should be allocated differently, in which case the decision of the arbitrator or arbitrators, as the case may be, shall be final. |
(j) Licenses
The Owner shall ensure that it continues to possess, or obtains, all material licenses, approvals consents from third parties that are required in respect of the Existing Properties and the Owner’s operations thereon.
(k) Severability
If any provision of this agreement is wholly or partially invalid, this agreement shall be interpreted as if the invalid provision had not been a part hereof so that the invalidity shall not affect the validity of the remainder of the agreement which shall be construed as if the agreement had been executed without the invalid portion. It is hereby declared to be the intention of the parties that this agreement would have been executed without reference to any portion which may, for any reason, hereafter be declared or held invalid.
(l) Assignment
The Owner confirms that any or all rights and obligations of BMGX pursuant to this agreement may be assigned to any Affiliate of BMGX, without the prior consent of the Owner, provided that BMGX provides the Owner with written notice thereof. The Owner may not assign any of its obligations hereunder without the prior written consent of BMGX which consent will not be unreasonably withheld.
(m) Material
Contracts
The Owner will provide to BMGX a copy of all material contracts which relate to any of the Xxxxxxxx Junction Property or the Hot Pot Property.
Page 22 of 34
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
| Xxxx Xxxxxx | Xxxxxxx X. Xxxxxx |
| Chairman | Member and Manager of |
| Battle Mountain Gold Exploration Corp. | Nevada Gold Exploration Solutions, LLC, |
| Member and Sole Manager of | |
| A Pediment Gold LLC | |
| Xxxx X. Xxxxxx | Xxxx X. Xxxxxx |
| Member and Manager | Member and Manager |
| Nevada Gold Exploration Solutions, LLC | Nevada Gold Exploration Solutions, LLC |
Page 23 of 34
SCHEDULE A1
To Appendix I
Net Smelter Return Royalty Agreement
Between Pediment Gold LLC and Battle Mountain Gold Exploration Corporation To the Settlement Agreement by and among BMGX, PGL, NGXS and the Members of NGXS
Xxxxxxxx Junction
Property
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 1 | FJ | 1 | 22-Dec-2004 | 134306 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 2 | FJ | 2 | 22-Dec-2004 | 134307 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 3 | FJ | 3 | 22-Dec-2004 | 134308 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 4 | FJ | 4 | 22-Dec-2004 | 134309 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 5 | FJ | 5 | 22-Dec-2004 | 134310 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 6 | FJ | 6 | 22-Dec-2004 | 134311 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 7 | FJ | 7 | 22-Dec-2004 | 134312 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 8 | FJ | 8 | 22-Dec-2004 | 134313 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 9 | FJ | 9 | 22-Dec-2004 | 134314 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 10 | FJ | 10 | 22-Dec-2004 | 134315 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 11 | FJ | 11 | 22-Dec-2004 | 134316 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 12 | FJ | 12 | 22-Dec-2004 | 134317 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 13 | FJ | 13 | 22-Dec-2004 | 134318 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 14 | FJ | 14 | 22-Dec-2004 | 134319 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 15 | FJ | 15 | 22-Dec-2004 | 134320 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 16 | FJ | 16 | 22-Dec-2004 | 134321 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 17 | FJ | 17 | 22-Dec-2004 | 134322 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 18 | FJ | 18 | 22-Dec-2004 | 134323 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 19 | FJ | 19 | 22-Dec-2004 | 134324 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 20 | FJ | 20 | 22-Dec-2004 | 134325 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 21 | FJ | 21 | 22-Dec-2004 | 134326 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 22 | FJ | 22 | 22-Dec-2004 | 134327 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 23 | FJ | 23 | 22-Dec-2004 | 134328 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 24 | FJ | 24 | 22-Dec-2004 | 134329 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 25 | FJ | 25 | 22-Dec-2004 | 134330 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 26 | FJ | 26 | 22-Dec-2004 | 134342 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 27 | FJ | 27 | 22-Dec-2004 | 134343 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 28 | FJ | 28 | 22-Dec-2004 | 134344 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 29 | FJ | 29 | 22-Dec-2004 | 134345 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 30 | FJ | 30 | 22-Dec-2004 | 134346 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 31 | FJ | 31 | 22-Dec-2004 | 134347 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 32 | FJ | 32 | 22-Dec-2004 | 134348 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 33 | FJ | 33 | 22-Dec-2004 | 134349 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 34 | FJ | 34 | 22-Dec-2004 | 134350 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 35 | FJ | 35 | 22-Dec-2004 | 134351 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 36 | FJ | 36 | 22-Dec-2004 | 134352 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 37 | FJ | 37 | 30-Jan-2005 | 134353 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 38 | FJ | 38 | 30-Jan-2005 | 134354 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 39 | FJ | 39 | 30-Jan-2005 | 134355 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 40 | FJ | 40 | 22-Dec-2004 | 134356 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 41 | FJ | 41 | 22-Dec-2004 | 134331 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 42 | FJ | 42 | 22-Dec-2004 | 134332 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 43 | FJ | 43 | 22-Dec-2004 | 134333 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 44 | FJ | 44 | 22-Dec-2004 | 134334 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 45 | FJ | 45 | 22-Dec-2004 | 134335 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 46 | FJ | 46 | 22-Dec-2004 | 134336 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 47 | FJ | 47 | 22-Dec-2004 | 134337 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 48 | FJ | 48 | 22-Dec-2004 | 134338 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 49 | FJ | 49 | 22-Dec-2004 | 134339 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 50 | FJ | 50 | 22-Dec-2004 | 134340 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 51 | FJ | 51 | 22-Dec-2004 | 134341 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 52 | FJ | 52 | 22-Dec-2004 | 134357 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 53 | FJ | 53 | 22-Dec-2004 | 134358 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 54 | FJ | 54 | 22-Dec-2004 | 134359 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 55 | FJ | 55 | 22-Dec-2004 | 134360 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 56 | FJ | 56 | 22-Dec-2004 | 134361 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 57 | FJ | 57 | 22-Dec-2004 | 134362 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 58 | FJ | 58 | 22-Dec-2004 | 134363 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 59 | FJ | 59 | 22-Dec-2004 | 134364 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 60 | FJ | 60 | 22-Dec-2004 | 134365 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 61 | FJ | 61 | 22-Dec-2004 | 134366 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 62 | FJ | 62 | 22-Dec-2004 | 134367 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 63 | FJ | 63 | 22-Dec-2004 | 134368 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 64 | FJ | 64 | 22-Dec-2004 | 134369 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 65 | FJ | 65 | 22-Dec-2004 | 134370 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 66 | FJ | 66 | 22-Dec-2004 | 134371 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 67 | FJ | 67 | 22-Dec-2004 | 134372 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 68 | FJ | 68 | 22-Dec-2004 | 134373 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 69 | FJ | 69 | 22-Dec-2004 | 134374 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 70 | FJ | 70 | 22-Dec-2004 | 134375 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 71 | FJ | 71 | 22-Dec-2004 | 134376 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 72 | FJ | 72 | 22-Dec-2004 | 134377 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 73 | FJ | 73 | 22-Dec-2004 | 134378 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 74 | FJ | 74 | 22-Dec-2004 | 134379 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 75 | FJ | 75 | 27-Dec-2004 | 134380 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 76 | FJ | 76 | 27-Dec-2004 | 134381 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 77 | FJ | 77 | 27-Dec-2004 | 134382 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 78 | FJ | 78 | 27-Dec-2004 | 134383 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 79 | FJ | 79 | 27-Dec-2004 | 134384 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 80 | FJ | 80 | 27-Dec-2004 | 134385 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 81 | FJ | 81 | 27-Dec-2004 | 134386 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 82 | FJ | 82 | 27-Dec-2004 | 134387 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 83 | FJ | 83 | 27-Dec-2004 | 134388 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 84 | FJ | 84 | 27-Dec-2004 | 134389 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 85 | FJ | 85 | 27-Dec-2004 | 134390 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 86 | FJ | 86 | 27-Dec-2004 | 134391 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 87 | FJ | 87 | 27-Dec-2004 | 134392 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 88 | FJ | 88 | 27-Dec-2004 | 134393 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 89 | FJ | 89 | 27-Dec-2004 | 134394 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 90 | FJ | 90 | 26-Dec-2004 | 134395 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 91 | FJ | 91 | 26-Dec-2004 | 134396 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 92 | FJ | 92 | 26-Dec-2004 | 134397 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 93 | FJ | 93 | 26-Dec-2004 | 134398 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 94 | FJ | 94 | 26-Dec-2004 | 134399 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 95 | FJ | 95 | 26-Dec-2004 | 134400 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 96 | FJ | 96 | 26-Dec-2004 | 134401 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 97 | FJ | 97 | 23-Dec-2004 | 134402 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 98 | FJ | 98 | 23-Dec-2004 | 134403 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 99 | FJ | 99 | 23-Dec-2004 | 134404 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 100 | FJ | 100 | 23-Dec-2004 | 134405 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 101 | FJ | 101 | 23-Dec-2004 | 134406 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 102 | FJ | 102 | 23-Dec-2004 | 134407 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 103 | FJ | 103 | 23-Dec-2004 | 134408 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 104 | FJ | 104 | 23-Dec-2004 | 134409 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 105 | FJ | 105 | 23-Dec-2004 | 134410 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 106 | FJ | 106 | 23-Dec-2004 | 134411 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 107 | FJ | 107 | 23-Dec-2004 | 134412 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 108 | FJ | 108 | 23-Dec-2004 | 134413 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 109 | FJ | 109 | 23-Dec-2004 | 134414 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 110 | FJ | 110 | 23-Dec-2004 | 134415 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 111 | FJ | 111 | 23-Dec-2004 | 134416 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 112 | FJ | 112 | 23-Dec-2004 | 134417 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 113 | FJ | 113 | 23-Dec-2004 | 134418 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 114 | FJ | 114 | 23-Dec-2004 | 134419 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 115 | FJ | 115 | 27-Dec-2004 | 134420 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 116 | FJ | 116 | 27-Dec-2004 | 134421 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 117 | FJ | 117 | 27-Dec-2004 | 134422 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 118 | FJ | 118 | 27-Dec-2004 | 134423 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 119 | FJ | 119 | 27-Dec-2004 | 134424 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 120 | FJ | 120 | 27-Dec-2004 | 134425 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 121 | FJ | 121 | 27-Dec-2004 | 134426 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 122 | FJ | 122 | 27-Dec-2004 | 134427 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 123 | FJ | 123 | 23-Dec-2004 | 134428 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 124 | FJ | 124 | 23-Dec-2004 | 134429 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 125 | FJ | 125 | 23-Dec-2004 | 134430 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 126 | FJ | 126 | 23-Dec-2004 | 134431 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 127 | FJ | 127 | 23-Dec-2004 | 134432 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 128 | FJ | 128 | 23-Dec-2004 | 134433 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 129 | FJ | 129 | 23-Dec-2004 | 134434 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 130 | FJ | 130 | 23-Dec-2004 | 134435 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 131 | FJ | 131 | 23-Dec-2004 | 134436 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 132 | FJ | 132 | 23-Dec-2004 | 134437 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 133 | FJ | 133 | 23-Dec-2004 | 134438 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 134 | FJ | 134 | 23-Dec-2004 | 134439 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 135 | FJ | 135 | 23-Dec-2004 | 134440 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 136 | FJ | 136 | 23-Dec-2004 | 134441 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 137 | FJ | 137 | 23-Dec-2004 | 134442 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 138 | FJ | 138 | 23-Dec-2004 | 134443 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 139 | FJ | 139 | 23-Dec-2004 | 134444 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 140 | FJ | 140 | 23-Dec-2004 | 134445 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 141 | FJ | 141 | 23-Dec-2004 | 134446 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 142 | FJ | 142 | 23-Dec-2004 | 134447 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 143 | FJ | 143 | 23-Dec-2004 | 134448 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 144 | FJ | 144 | 23-Dec-2004 | 134449 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 145 | FJ | 145 | 23-Dec-2004 | 134450 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 146 | FJ | 146 | 23-Dec-2004 | 134451 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 147 | FJ | 147 | 23-Dec-2004 | 134452 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 148 | FJ | 148 | 23-Dec-2004 | 134453 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 149 | FJ | 149 | 23-Dec-2004 | 134454 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 150 | FJ | 150 | 23-Dec-2004 | 134455 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 151 | FJ | 151 | 26-Dec-2004 | 134456 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 152 | FJ | 152 | 26-Dec-2004 | 134457 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 153 | FJ | 153 | 26-Dec-2004 | 134458 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 154 | FJ | 154 | 26-Dec-2004 | 134459 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 155 | FJ | 155 | 26-Dec-2004 | 134460 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 156 | FJ | 156 | 26-Dec-2004 | 134461 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 157 | FJ | 157 | 26-Dec-2004 | 134462 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 158 | FJ | 158 | 26-Dec-2004 | 134463 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 159 | FJ | 169 | 26-Dec-2004 | 134464 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 160 | FJ | 170 | 26-Dec-2004 | 134465 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 161 | FJ | 171 | 26-Dec-2004 | 134466 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 162 | FJ | 172 | 26-Dec-2004 | 134467 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 163 | FJ | 173 | 26-Dec-2004 | 134468 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 164 | FJ | 174 | 26-Dec-2004 | 134469 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 165 | FJ | 175 | 26-Dec-2004 | 134470 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 166 | FJ | 176 | 18-Jan-2005 | 134471 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 167 | FJ | 177 | 18-Jan-2005 | 134472 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 168 | FJ | 178 | 18-Jan-2005 | 134473 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 169 | FJ | 179 | 18-Jan-2005 | 134474 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 170 | FJ | 180 | 18-Jan-2005 | 134475 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 171 | FJ | 181 | 18-Jan-2005 | 134476 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 172 | FJ | 182 | 18-Jan-2005 | 134477 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 173 | FJ | 183 | 18-Jan-2005 | 134478 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 174 | FJ | 184 | 18-Jan-2005 | 134479 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 175 | FJ | 185 | 18-Jan-2005 | 134480 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 176 | FJ | 186 | 18-Jan-2005 | 134481 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 177 | FJ | 187 | 18-Jan-2005 | 134482 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 178 | FJ | 188 | 18-Jan-2005 | 134483 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 179 | FJ | 189 | 18-Jan-2005 | 134484 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 180 | FJ | 190 | 18-Jan-2005 | 134485 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 181 | FJ | 191 | 18-Jan-2005 | 134486 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 182 | FJ | 192 | 18-Jan-2005 | 134487 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 183 | FJ | 193 | 18-Jan-2005 | 134488 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 184 | FJ | 194 | 18-Jan-2005 | 134489 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 185 | FJ | 195 | 18-Jan-2005 | 134490 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 186 | FJ | 196 | 18-Jan-2005 | 134491 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 187 | FJ | 197 | 18-Jan-2005 | 134492 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 188 | FJ | 198 | 18-Jan-2005 | 134493 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 189 | FJ | 199 | 18-Jan-2005 | 134494 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 190 | FJ | 200 | 18-Jan-2005 | 134495 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 191 | FJ | 201 | 18-Jan-2005 | 134496 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 192 | FJ | 202 | 18-Jan-2005 | 134497 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 193 | FJ | 203 | 18-Jan-2005 | 134498 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 194 | FJ | 204 | 18-Jan-2005 | 134499 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 195 | FJ | 205 | 18-Jan-2005 | 134500 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 196 | FJ | 206 | 18-Jan-2005 | 134501 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 197 | FJ | 207 | 18-Jan-2005 | 134502 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 198 | FJ | 208 | 18-Jan-2005 | 134503 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 199 | FJ | 209 | 18-Jan-2005 | 134504 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 200 | FJ | 210 | 18-Jan-2005 | 134505 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 201 | FJ | 211 | 18-Jan-2005 | 134506 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 202 | FJ | 212 | 18-Jan-2005 | 134507 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 203 | FJ | 213 | 18-Jan-2005 | 134508 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 204 | FJ | 214 | 18-Jan-2005 | 134509 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 205 | FJ | 215 | 18-Jan-2005 | 134510 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 206 | FJ | 216 | 18-Jan-2005 | 134511 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 207 | FJ | 217 | 18-Jan-2005 | 134512 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 208 | FJ | 218 | 18-Jan-2005 | 134513 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 209 | FJ | 219 | 18-Jan-2005 | 134514 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 210 | FJ | 220 | 18-Jan-2005 | 134515 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 211 | FJ | 221 | 18-Jan-2005 | 134516 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 212 | FJ | 222 | 18-Jan-2005 | 134517 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 213 | FJ | 223 | 18-Jan-2005 | 134518 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 214 | FJ | 224 | 18-Jan-2005 | 134519 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 215 | FJ | 225 | 18-Jan-2005 | 134520 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 216 | FJ | 226 | 18-Jan-2005 | 134521 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 217 | FJ | 227 | 18-Jan-2005 | 134522 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 218 | FJ | 228 | 18-Jan-2005 | 134523 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 219 | FJ | 229 | 18-Jan-2005 | 134524 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 220 | FJ | 230 | 18-Jan-2005 | 134525 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 221 | FJ | 231 | 18-Jan-2005 | 134526 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 222 | FJ | 232 | 18-Jan-2005 | 134527 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 223 | FJ | 233 | 18-Jan-2005 | 134528 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 224 | FJ | 234 | 18-Jan-2005 | 134529 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 225 | FJ | 235 | 18-Jan-2005 | 134530 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 226 | FJ | 236 | 18-Jan-2005 | 134531 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 227 | FJ | 237 | 18-Jan-2005 | 134532 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 228 | FJ | 238 | 18-Jan-2005 | 134533 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 229 | FJ | 239 | 18-Jan-2005 | 134534 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 230 | FJ | 240 | 18-Jan-2005 | 134535 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 231 | FJ | 241 | 18-Jan-2005 | 134536 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 232 | FJ | 242 | 18-Jan-2005 | 134537 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 233 | FJ | 243 | 18-Jan-2005 | 134538 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 234 | FJ | 244 | 18-Jan-2005 | 134539 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 235 | FJ | 245 | 18-Jan-2005 | 134540 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 236 | FJ | 246 | 18-Jan-2005 | 134541 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 237 | FJ | 247 | 18-Jan-2005 | 134542 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 238 | FJ | 248 | 18-Jan-2005 | 134543 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 239 | FJ | 249 | 18-Jan-2005 | 134544 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 240 | FJ | 250 | 18-Jan-2005 | 134545 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 241 | FJ | 251 | 18-Jan-2005 | 134546 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 242 | FJ | 252 | 18-Jan-2005 | 134547 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 243 | FJ | 253 | 18-Jan-2005 | 134548 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 244 | FJ | 254 | 18-Jan-2005 | 134549 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 245 | FJ | 255 | 18-Jan-2005 | 134550 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 246 | FJ | 256 | 18-Jan-2005 | 134551 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 247 | FJ | 257 | 18-Jan-2005 | 134552 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 248 | FJ | 258 | 18-Jan-2005 | 134553 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 249 | FJ | 259 | 18-Jan-2005 | 134554 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 250 | FJ | 260 | 18-Jan-2005 | 134555 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 251 | FJ | 261 | 18-Jan-2005 | 134556 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 252 | FJ | 262 | 18-Jan-2005 | 134557 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 253 | FJ | 263 | 19-Jan-2005 | 134558 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 254 | FJ | 264 | 19-Jan-2005 | 134559 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 255 | FJ | 265 | 19-Jan-2005 | 134560 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 256 | FJ | 266 | 19-Jan-2005 | 134561 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 257 | FJ | 267 | 19-Jan-2005 | 134562 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 258 | FJ | 268 | 19-Jan-2005 | 134563 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 259 | FJ | 269 | 19-Jan-2005 | 134564 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 260 | FJ | 270 | 19-Jan-2005 | 134565 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 261 | FJ | 271 | 19-Jan-2005 | 134566 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 262 | FJ | 272 | 19-Jan-2005 | 134567 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 263 | FJ | 273 | 19-Jan-2005 | 134568 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 264 | FJ | 274 | 19-Jan-2005 | 134569 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 265 | FJ | 275 | 19-Jan-2005 | 134570 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 266 | FJ | 276 | 19-Jan-2005 | 134571 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 267 | FJ | 277 | 19-Jan-2005 | 134572 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 268 | FJ | 278 | 25-Jan-2005 | 134573 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 269 | FJ | 279 | 25-Jan-2005 | 134574 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 270 | FJ | 280 | 25-Jan-2005 | 134575 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 271 | FJ | 281 | 25-Jan-2005 | 134576 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 272 | FJ | 282 | 25-Jan-2005 | 134577 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 273 | FJ | 283 | 25-Jan-2005 | 134578 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 274 | FJ | 284 | 25-Jan-2005 | 134579 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 275 | FJ | 285 | 25-Jan-2005 | 134580 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 276 | FJ | 286 | 25-Jan-2005 | 134581 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 277 | FJ | 287 | 25-Jan-2005 | 134582 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 278 | FJ | 288 | 25-Jan-2005 | 134583 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 279 | FJ | 289 | 25-Jan-2005 | 134584 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 280 | FJ | 290 | 25-Jan-2005 | 134585 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 281 | FJ | 291 | 25-Jan-2005 | 134586 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 282 | FJ | 292 | 25-Jan-2005 | 134587 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 283 | FJ | 293 | 25-Jan-2005 | 134588 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 284 | FJ | 294 | 25-Jan-2005 | 134589 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 285 | FJ | 295 | 25-Jan-2005 | 134590 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 286 | FJ | 296 | 25-Jan-2005 | 134591 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 287 | FJ | 297 | 25-Jan-2005 | 134592 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 288 | FJ | 298 | 25-Jan-2005 | 134593 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 289 | FJ | 299 | 25-Jan-2005 | 134594 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 290 | FJ | 300 | 25-Jan-2005 | 134595 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| Mineral County | BLM Filing Information | ||||||
| Recording Information | |||||||
| Claim | Location | BLM Serial | Record | ||||
| # Filed | Name | Date | Doc # | Record Date | No. | Date | |
| 291 | FJ | 301 | 25-Jan-2005 | 134596 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 292 | FJ | 302 | 25-Jan-2005 | 134597 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 293 | FJ | 303 | 25-Jan-2005 | 134598 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 294 | FJ | 304 | 25-Jan-2005 | 134599 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 295 | FJ | 305 | 25-Jan-2005 | 134600 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 296 | FJ | 306 | 25-Jan-2005 | 134601 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 297 | FJ | 307 | 25-Jan-2005 | 134602 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 298 | FJ | 308 | 25-Jan-2005 | 134603 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 299 | FJ | 309 | 25-Jan-2005 | 134604 | 11-Feb-2005 | XXX 000000 | 14-Feb-05 |
| 300 | FJ | 310 | 23-Jan-2005 | 134605 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 301 | FJ | 311 | 23-Jan-2005 | 134606 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 302 | FJ | 312 | 23-Jan-2005 | 134607 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 303 | FJ | 313 | 23-Jan-2005 | 134608 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 304 | FJ | 314 | 23-Jan-2005 | 134609 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 305 | FJ | 315 | 23-Jan-2005 | 134610 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 306 | FJ | 316 | 23-Jan-2005 | 134611 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 307 | FJ | 317 | 23-Jan-2005 | 134612 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 308 | FJ | 318 | 23-Jan-2005 | 134613 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 309 | FJ | 319 | 23-Jan-2005 | 134614 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 310 | FJ | 320 | 23-Jan-2005 | 134615 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 311 | FJ | 321 | 23-Jan-2005 | 134616 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 312 | FJ | 322 | 23-Jan-2005 | 134617 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 313 | FJ | 323 | 23-Jan-2005 | 134618 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 314 | FJ | 324 | 23-Jan-2005 | 134619 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 315 | FJ | 325 | 23-Jan-2005 | 134620 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 316 | FJ | 326 | 23-Jan-2005 | 134621 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 317 | FJ | 327 | 23-Jan-2005 | 134622 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 318 | FJ | 328 | 23-Jan-2005 | 134623 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 319 | FJ | 329 | 23-Jan-2005 | 134624 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 320 | FJ | 330 | 23-Jan-2005 | 134625 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 321 | FJ | 331 | 23-Jan-2005 | 134626 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 322 | FJ | 332 | 23-Jan-2005 | 134627 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 323 | FJ | 333 | 23-Jan-2005 | 134628 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 324 | FJ | 334 | 23-Jan-2005 | 134629 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 325 | FJ | 335 | 23-Jan-2005 | 134630 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 326 | FJ | 336 | 23-Jan-2005 | 134631 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 327 | FJ | 337 | 23-Jan-2005 | 134632 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 328 | FJ | 338 | 23-Jan-2005 | 134633 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 329 | FJ | 339 | 23-Jan-2005 | 134634 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 330 | FJ | 340 | 23-Jan-2005 | 134635 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 331 | FJ | 341 | 24-Jan-2005 | 134636 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 332 | FJ | 342 | 24-Jan-2005 | 134637 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 333 | FJ | 343 | 24-Jan-2005 | 134638 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 334 | FJ | 344 | 24-Jan-2005 | 134639 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 335 | FJ | 345 | 24-Jan-2005 | 134640 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 336 | FJ | 346 | 24-Jan-2005 | 134641 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 337 | FJ | 347 | 24-Jan-2005 | 134642 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 338 | FJ | 348 | 24-Jan-2005 | 134643 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 339 | FJ | 349 | 24-Jan-2005 | 134644 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 340 | FJ | 350 | 24-Jan-2005 | 134645 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| Mineral County | BLM Filing Information | |||||
| Recording Information | ||||||
| Claim | Location | BLM Serial | Record | |||
| # Filed | Name | Date | Doc # | Record Date | No. | Date |
| 341 | FJ 351 | 24-Jan-2005 | 134646 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 342 | FJ 352 | 24-Jan-2005 | 134647 | 11-Feb-2005 | XXX 000000 | 7-Mar-05 |
| 343 | FJ 353 | 19-May-2005 | 135320 | 20-May-2005 | XXX 000000 | 6-Jun-05 |
| 344 | FJ 354 | 19-May-2005 | 135321 | 20-May-2005 | XXX 000000 | 6-Jun-05 |
| 345 | FJ 355 | 19-May-2005 | 135322 | 20-May-2005 | XXX 000000 | 6-Jun-05 |
| 346 | FJ 356 | 19-May-2005 | 135323 | 20-May-2005 | XXX 000000 | 6-Jun-05 |
| Total Claims = 346 | ||||||
Page 31 of 34
SCHEDULE A2
To Appendix I
Net Smelter Return Royalty Agreement
Between Pediment Gold LLC and Battle
Mountain Gold Exploration Corporation To the Settlement Agreement
by and
among BMGX, PGL, NGXS and the Members of NGXS
Hot Pot Property
The following described lands located in
Humboldt County, Nevada, as subject to a
Mining Lease Agreement between
Owner and Xxxxxx Xxxxxx Ranches, Inc.:
Page 32 of 34
SCHEDULE B
To Appendix I
Net Smelter Return Royalty Agreement
Between Pediment Gold LLC and Battle
Mountain Gold Exploration Corporation
To the Settlement Agreement by and
among BMGX, PGL, NGXS and the Members of NGXS
PERMITTED
ENCUMBRANCES
| 1. | Liens for taxes, assessments or governmental charges or levies not at the time due and delinquent or the validity of which is being contested at the time in good faith by the Owner. |
| 2. | Any undetermined or inchoate liens and charges incidental to current construction or current operations which have not been filed against the Owner or which relate to obligations not due or delinquent. |
| 3. | Any right reserved to or vested in any governmental or public authority by any lease, license, franchise, grant or permit acquired by the Owner, or by any statutory provision to terminate any such lease, license, franchise, grant or permit, or to require annual or other periodic payments as a condition of the continuance thereof. |
| 4. | Any encumbrance resulting from the deposit of cash or obligations as security when the Owner is required to do so by governmental or other public authority or by normal business practice in connection with contracts, license or tenders or similar matters in the ordinary course of business and for the purpose of carrying on the same or to secure worker's compensation, surety or appeal bonds or to secure costs or litigation when required by law. |
| 5. | Easements, rights of way, servitudes or other similar rights in lands granted to or taken by other persons which in the aggregate do not materially impair the usefulness in the business of the Owner of the property subject to such easements, rights or servitudes. |
| 6. | Reservations, limitations, provisos and conditions expressed in any original grant from the United States of America. |
| 7. | Statutory liens incurred or deposits made in the ordinary course of business of the Owner in connection with corporation tax or in connection with worker's compensation, unemployment insurance, employment standards and other social security legislation. |
| 8. | Any other royalties granted by the Owner to BMGX or its Affiliate. |
| 9. | Encumbrances and other minor property interests existing on any Property prior to the acquisition thereof by the Owner or retained or reserved in respect of any Property by the vendor of such Property at the time of conveyance to the Owner. |
Page 33 of 34
SCHEDULE C
To Appendix I
Net Smelter Return Royalty Agreement
Between Pediment Gold LLC and Battle
Mountain Gold Exploration Corporation
To the Settlement Agreement by and
among BMGX, PGL, NGXS and the Members of NGXS
IRREVOCABLE
DIRECTION
TO:
You are hereby irrevocably authorized and directed to pay to BATTLE MOUNTAIN GOLD EXPLORATION CORPORATION (“BMGX”) royalty payments from time to time, calculated in accordance with the written instructions from time to time jointly given to you by the undersigned and BMGX.
No payments due to the undersigned for minerals delivered and sold to you by the undersigned shall be paid to the undersigned unless a royalty payment (calculated as set out above) is concurrently made by you to BMGX. This irrevocable direction shall remain in full force and effect until the undersigned and BMGX jointly agree in writing to the amendment or termination hereof.
Dated at this day of ____,
20___.
Pediment Gold LLC
By:
___________________________
Page 34 of 34
