SEVENTH AMENDMENT TO TONKIN MINING LEASE

Exhibit 10.4

SEVENTH AMENDMENT TO TONKIN MINING LEASE

THIS SEVENTH AMENDMENT TO TONKIN MINING LEASE is executed this 18th day of April, 1990, between XXXX X. XXXXXXXX, Grantor, and Xxxx X. Xxxxxxxx, Xxxxxx X. Xxxx, Xxxxxx X. Xxxxxxx and Xxxx X. Xxxxxxx, Co-Trustees under the Xxxx X. Xxxxxxxx Trust Agreement dated August 5, 1986 and amended on May 21, 1987 and August 19, 1987, Xxxxxx X. Xxxxxxx and Xxxx X. Xxxxxxx (“Lessors”) and Tonkin Springs Gold Mining Company, a Colorado corporation (“Lessee”).

RECITALS

A.       Lessors and Lessee are parties to a certain Mining Lease (“Mining Lease”) dated effective January 1, 1986, a Memorandum (the “Memorandum”) of which was recorded in Book 148, at Page 110, as Reception No. 104566, and amended on January 10, 1986, September 29, 1986, June 10, 1987, August 29, 1988, January 11, 1989 and June 29, 1989 of the real property records or Eureka County, Nevada.

B.        Article 32 of the Mining Lease requires that if the Lessor locates any unpatented mining claims within an area (the “Boundary Area”) described in Exhibit B to the Mining Lease, the Lessor shall make available to Lessee those claims subject to all the terms and provisions of said Lease, and that Exhibit A to the Mining Lease (being a description of the unpatented mining claims comprising the lease premises), is to be modified and amended to include such claims.

X.        Xxxxxx has located Skip Claims #201-213 (the “Additional Claims”) within the Boundary Area and, concurrently with the execution of this Amendment, has included those claims to the Lease.

D.        Lessors and Lessee desire to amend Exhibit A to the Tonkin Mining Lease and to the Memorandum.

AGREEMENT

NOW THEREFORE, in consideration of the foregoing and of the mutual benefits to be derived, Lessors and Lessee agree as follows:

1.         Exhibit A to the Mining Lease and to the Memorandum shall be and is amended to include the Additional Claims as part of the leased premises. The attached Exhibit A to this Seventh Amendment lists those Skip #201-213 Additional Claims. The Exhibit A attached hereto is added to and shall be part of the Exhibit A attached to the Mining Lease and to the Memorandum.

2.         Except as stated in the preceding paragraph, all of the terms and conditions of the Mining Lease remain in full force and effect.

	LESSEE:
	TONKIN SPRINGS GOLD MINING COMPANY
	By:	/s/ Xxxxx X. Xxxx
		Xxxxx X. Xxxx
	Title:		Senior Vice President

LESSORS:

THE XXXX X. XXXXXXXX TRUST

/s/ Xxxx X. Xxxxxxxx		/s/ Xxxxxx X. Xxxxxxx
Xxxx X. Xxxxxxxx, Co-Trustee		Xxxxxx X. Xxxxxxx
/s/ Xxxxxx X. Xxxx		/s/ Xxxx X. Xxxxxxx
Xxxxxx X. Xxxx, Co-Trustee		Xxxx X. Xxxxxxx
/s/ Xxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx, Co-Trustee
/s/ Xxxx X. Xxxxxxx
Xxxx X. Xxxxxxx, Co-Trustee

ACKNOWLEDGEMENTS

STATE OF COLORADO	)
	)	ss.
COUNTY OF DENVER	)

On this 11^th day of June, 1990, personally appeared before me, a Notary Public, Xxxxx X. Xxxx, in his capacity as Senior Vice President of Tonkin Springs Gold Mining Company, who acknowledged that he executed the above instrument on behalf of said company, freely and voluntarily and for the uses and purposes therein mentioned.

Witness my hand and official seal.

My commission expires: March 14, 1992

/s/ Xxxxxx X. Xxxxxx

Notary Public [ILLEGIBLE]

STATE OF NEVADA	)
	)	ss.
COUNTY OF WASHOE	)

(SEAL Affixed)

On this 8th day of June, 1990, personally appeared before me, a Notary Public, Xxxx X. Xxxxxxxx, known to me to be Co-Trustee for The Xxxx X. Xxxxxxxx Trust, the person whose name is subscribed to the within instrument and, being authorized to do so, acknowledged that he executed the same on behalf of said Trust.

Witness my hand and official seal.

My commission expires: 12-14-92

/s/ Xxxxx Xxxxx

Notary Public

(SEAL)XXXXX XXXXX
Notary Public - State of Nevada
Appointment Recorded in Washoe County
MY APPOINTMENT EXPIRES DEC 14, 1992

STATE OF COLORADO	)
	)	ss.
COUNTY OF MESA	)

On this 29^th day of May 1990, personally appeared before me, a Notary Public, Xxxxxx X. Xxxx, known to me to be Co-Trustee for The Xxxx X. Xxxxxxxx Trust, the person whose name is subscribed to the within instrument and, being authorized to do so, acknowledged that he executed the same on behalf of said Trust.

Witness my hand and official seal.
My commission expires:  24 June 1990		(SEAL Affixed)
	/s/ Xxxxxxx X. Xxxx
	Notary Public

STATE OF NEVADA	)		Xxxxxxx X. Xxxx 0000 Xxxxx Xxx. Xxxxx Xxxxxxxx, XX 00000 [303] 243-6344
	)	ss.
COUNTY OF WASHOE	)

On this 8^th day of June, 1990, personally appeared before me, a Notary Public, Xxxxxx X. Xxxxxxx, known to me to be Co-Trustee for The Xxxx X. Xxxxxxxx Trust, the person whose name is subscribed to the within instrument and, being authorized to do so, acknowledged that he executed the same on behalf of said Trust.

Witness my hand and official seal.

My commission expires:  12-14-92

/s/ Xxxxx Xxxxx

Notary Public

STATE OF NEVADA	)		(SEAL)	XXXXX XXXXX Notary Public - State of Nevada Appointment Recorded in Washoe County MY APPOINTMENT EXPIRES DEC. 14, 1992
	)	ss.
COUNTY OF WASHOE	)

On this 8^th day of June, 1990, personally appeared before me, a Notary Public, Xxxx X. Xxxxxxx, known to me to be Co-Trustee for The Xxxx X. Xxxxxxxx Trust, the person whose name is subscribed to the within instrument and, being authorized to do so, acknowledged that he executed the same on behalf of said Trust.

Witness my hand and official seal.

My commission expires:  12-14-92

/s/ Xxxxx Xxxxx

Notary Public

STATE OF HAWAII	)		(SEAL)	XXXXX XXXXX Notary Public - State of Nevada Appointment Recorded in Washoe County MY APPOINTMENT EXPIRES DEC. 14, 1992
	)	ss.
COUNTY OF MAUI	)

On this 7^th day of May, 1990, personally appeared before me, a Notary Public, Xxxxxx X. Xxxxxxx and Xxxx X. Xxxxxxx, known to me to be the persons whose names are subscribed to the within instrument and, being authorized to do so, acknowledged that they executed the same as their free act and deed.

Witness my hand and official seal.

My commission expires:  Oct 5, 1992

/s/ Xxxxxx Xxxxxxxxxx

Notary Public

(SEAL Affixed)

Number:		00-000-00				OFFICIAL RECORDS RECORDED AT THE REQUEST OF BOOK 214     PAGE 109 U.S. Gold 90 SEP 17 P2:27
County:		Eureka
State:		Nevada
Project:		Rooster (TSN)
						EUREKA COUNTY, NEVADA M.N. [ILLEGIBLE] RECORDER FILE NO. 133583 FEE $8.00
EXHIBIT “A”

to the Seventh Amendment of the
Tonkin Mining Lease dated effective January 1, 1986
and amended on January 10, 1986, September 29, 1986, June 10, 1987, August 29, 1988,
January 11, 1989 and June 29, 1989.

		Instrument No.				Date of		Date
Name of Claim		Book		Page		Location		Recorded		Sec.		T.		R.		Meridian		BLM No.
Skip #201		208		291		1-10-90		2-23-90		00		00X		00X		MDB&M		592409
Skip #202		208		292		1-11-90		2-23-90		15,16 21,22		24N		49E		“		592410
Skip #203		208		293		1-11-90		2-23-90		00		00X		00X		“		592411
Skip #204		208		294		1-11-90		2-23-90		00		00X		00X		“		592412
Skip #205		208		295		1-11-90		2-23-90		21,22		24N		49E		“		592413
Skip #206		208		296		1-11-90		2-23-90		00		00X		00X		“		592414
Skip #207		208		297		1-11-90		2-23-90		21,22		24N		49E		“		592415
Skip #208		208		298		1-11-90		2-23-90		00		00X		00X		“		592416
Skip #209		208		299		1-11-90		2-23-90		21,22		24N		49E		“		592417
Skip #210		208		300		1-11-90		2-23-90		00		00X		00X		“		592418
Skip #211		208		301		1-11-90		2-23-90		00		00X		00X		“		592419
Skip #212		208		302		1-12-90		2-23-90		00		00X		00X		“		592420
Skip #213		208		303		1-12-90		2-23-90		21		24N		49E		“		592421

The above claims are owned by:
		The Xxxx X. Xxxxxxxx Trust X.X. Xxx 0000 Xxxx, XX 00000		and		Mr. & Xxx. Xxxxxx X. Xxxxxxx X.X. Xxx 000 Xxxxx, Xxxx, Xxxxxx 00000
and under Lease to:
Tonkin Springs Gold Mining Company
0000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxx, XX 00000