TWELFTH AMENDMENT TO TONKIN MINING LEASE
Exhibit 10.9
TWELFTH AMENDMENT TO TONKIN MINING LEASE
Amendment Number Twelve dated November 27, 1995 (“Effective Date”), between Xxxx X. Xxxxxxxx, sole trustee to the Xxxx X. Xxxxxxxx Trust and Xxxxxx X. and Xxxx X. Xxxxxxx, husband and wife (collectively “Lessors”) and Tonkin Springs Venture Limited Partnership (“TSVLP” or “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, June 29, 1989, April 18, 1990, April 20, 1992, January 22, 1993, April 30, 1993 and June 28, 1993 of the real property records of Eureka County, Nevada.
B. Article 32 of the amended Mining Lease (Amendment Eight) requires that if the Lessee locates any new claims in the Area of Interest described in Exhibit “B” (Area of Interest) the Lessee shall modify and amend Exhibit “A” to include the same and Lessee shall assign such claim, without warranty, express or implied, to Lessors within sixty days after recording such claim with the Bureau of Land Management.
C. Lessee has located B-1 through B-3, C-1 through C-31, C-33 through C-53 and C-55 through C-60 Claims (the “Additional Claims” within the Area of Interest and, concurrently with the execution of this Amendment, has included those claims to the Lease.
D. Lessee and Lessors 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, Lessee and Lessors 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 Twelfth Amendment lists those “B” and “C” 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.
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LESSEE: |
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TONKIN SPRINGS VENTURE LIMITED PARTNERSHIP |
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By: |
/s/ Xxxxxxx Xxxx |
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Xxxxxxx Xxxx |
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Title: |
President of Tonkin Springs Gold Mining Company |
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General Partner of TSVLP |
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LESSORS: |
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THE XXXX X. XXXXXXXX TRUST |
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/s/ Xxxx X. Xxxxxxxx |
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Xxxx X. Xxxxxxxx, Sole Trustee |
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/s/ Xxxxxx X. Xxxxxxx |
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Xxxxxx X. Xxxxxxx |
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/s/ Xxxx X. Xxxxxxx |
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Xxxx X. Xxxxxxx |
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ACKNOWLEDGMENTS
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STATE OF COLORADO |
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COUNTY OF DENVER |
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On this 27th day of Novemeber, 1995, personally appeared before me, a Notary Public, Xxxxxxx Xxxx, in his capacity as 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.
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My commission expires: 3-25-96 |
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(SEAL) |
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/s/ [ILLEGIBLE] |
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Notary Public |
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STATE OF NEVADA |
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COUNTY OF WASHOE |
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On this 14th day of December, 1995, personally appeared before me, a Notary Public, Xxxx X. Xxxxxxxx, known to me to be Sole 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.
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My commission expires: May 1, 1999 |
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/s/ Xxxx X. Xxxxxxx |
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Notary Public |
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(SEAL) |
NOTARY PUBLIC |
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My Appointment Expires May 1, 0000 |
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XXXXX XX XXXXXX |
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COUNTY OF MAUI |
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On this 22nd day of December, 1995, 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.
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My commission expires: 06/06/99 |
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/s/ [ILLEGIBLE] |
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Notary
Public State of Hawaii |
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Exhibit “A”
Twelfth Amendment to Tonkin Mining Lease
Eureka County Book/Page Numbers
and
BLM Serial Numbers
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Claim |
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Book |
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Page |
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BLM Serial |
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B 1 |
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288 |
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210 |
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722670 |
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B 2 |
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288 |
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211 |
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722671 |
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B 3 |
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288 |
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212 |
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722672 |
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C 1 |
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288 |
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213 |
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722673 |
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C 2 |
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288 |
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214 |
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722674 |
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C 3 |
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288 |
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215 |
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722675 |
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C 4 |
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288 |
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216 |
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722676 |
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C 5 |
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288 |
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217 |
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722677 |
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C 6 |
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288 |
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218 |
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722678 |
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C 7 |
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288 |
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219 |
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722679 |
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C 8 |
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288 |
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220 |
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722680 |
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C 9 |
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288 |
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221 |
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722681 |
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C 10 |
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288 |
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222 |
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722682 |
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C 11 |
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288 |
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223 |
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722683 |
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C 12 |
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288 |
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224 |
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722684 |
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C 13 |
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288 |
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225 |
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722685 |
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C 14 |
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288 |
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226 |
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722686 |
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C 15 |
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288 |
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227 |
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722687 |
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C 16 |
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288 |
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228 |
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722688 |
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C 17 |
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288 |
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229 |
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722689 |
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C 18 |
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288 |
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230 |
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722690 |
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C 19 |
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288 |
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231 |
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722691 |
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C 20 |
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288 |
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232 |
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722692 |
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C 21 |
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288 |
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233 |
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722693 |
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C 22 |
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288 |
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234 |
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722694 |
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C 23 |
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288 |
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235 |
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722695 |
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C 24 |
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288 |
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236 |
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722696 |
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C 25 |
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288 |
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237 |
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722697 |
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C 26 |
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288 |
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238 |
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722698 |
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C 27 |
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288 |
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239 |
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722699 |
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C 28 |
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288 |
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240 |
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722700 |
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C 29 |
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288 |
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241 |
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722701 |
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C 30 |
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288 |
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242 |
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722702 |
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C 31 |
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288 |
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243 |
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722703 |
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C 33 |
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288 |
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244 |
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722704 |
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C 34 |
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288 |
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245 |
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722705 |
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C 35 |
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288 |
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246 |
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722706 |
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C 36 |
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288 |
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247 |
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722707 |
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C 37 |
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288 |
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248 |
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722708 |
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C 38 |
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288 |
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249 |
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722709 |
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C 39 |
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288 |
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250 |
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722710 |
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C 40 |
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288 |
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251 |
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722711 |
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C 41 |
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288 |
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252 |
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722712 |
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C 42 |
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288 |
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253 |
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722713 |
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C 43 |
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288 |
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254 |
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722714 |
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C 44 |
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288 |
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255 |
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722715 |
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C 45 |
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288 |
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256 |
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722716 |
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C 46 |
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288 |
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257 |
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722717 |
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C 47 |
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288 |
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258 |
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722718 |
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C 48 |
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288 |
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259 |
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722719 |
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C 49 |
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288 |
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260 |
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722720 |
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C 50 |
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288 |
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261 |
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722721 |
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C 51 |
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288 |
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262 |
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722722 |
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C 52 |
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288 |
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263 |
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722723 |
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C 53 |
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288 |
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264 |
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722724 |
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C 55 |
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288 |
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266 |
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722726 |
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C 56 |
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288 |
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267 |
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722727 |
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C 57 |
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288 |
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268 |
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722728 |
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C 58 |
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288 |
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269 |
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722729 |
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C 59 |
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288 |
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270 |
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722730 |
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C 60 |
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288 |
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271 |
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722731 |
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Total of 61 Lode Claims |
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BOOK 291 PAGE 348
96 JAN-5 PH 1:44
EUREKA COUNTY NEVADA |
QUITCLAIM DEED
GOLD CAPITAL CORPORATION, (“GCC”), a Colorado corporation, having a mailing address of 00 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, XX 00000 hereby quitclaims to XXXX X. XXXXXXXX, in his capacity as sole trustee of The Xxxx X. Xxxxxxxx Trust, having a mailing address of X.X. Xxx 0000, Xxxx, XX 00000 (as to a seventy percent ownership interest) and XXXXXX X. and XXXX X. XXXXXXX, husband and wife, having a mailing address of X.X. Xxx 000, Xxxxx, Xxxx, Xxxxxx 00000 (as to a thirty percent ownership interest) all of GCC’s right, title and interest in and to those certain unpatented lode mining claims located in Eureka County, Nevada which claims are more particularly described in Exhibit “A” attached hereto.
IN WITNESS WHEREOF, this Quitclaim Deed is made effective as of November 27, 1995.
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GOLD CAPITAL CORPORATION |
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By |
/s/ Xxxx Xxxxx |
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Xxxx
Xxxxx, President |
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PROVINCE OF BRITISH COLUMBIA |
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) ss. |
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On November 28, 1995, before me, Xxxxxx X. Xxxxxx a duly commissioned Notary Public for said Province, personally appeared Xxxx Xxxxx, personally known to me to be the President of Gold Capital Corporation, and personally known to me to be the person who executed the within instrument on behalf of said Corporation.
WITNESS WHEREOF, I have signed my name and affixed my official seal.
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/s/ Xxxxxx X. Xxxxxx |
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Notary Public in and for said Province |
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(Notary Seal) |
Residing at: |
Vancouver |
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My Commission Expires: |
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(SEAL Affixed)
Exhibit “A”
“B” and “C” Lode Claims
Eureka County Book/Page Numbers
and
BLM Serial Numbers
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Claim |
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Book |
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Page |
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BLM Serial |
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B 1 |
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288 |
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210 |
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722670 |
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B 2 |
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288 |
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211 |
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722671 |
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B 3 |
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288 |
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212 |
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722672 |
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C 1 |
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288 |
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213 |
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722673 |
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C 2 |
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288 |
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214 |
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722674 |
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C 3 |
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288 |
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215 |
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722675 |
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C 4 |
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288 |
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216 |
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722676 |
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C 5 |
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288 |
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217 |
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722677 |
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C 6 |
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288 |
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218 |
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722678 |
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C 7 |
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288 |
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219 |
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722679 |
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C 8 |
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288 |
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220 |
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722680 |
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C 9 |
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288 |
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221 |
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722681 |
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C 10 |
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288 |
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222 |
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722682 |
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C 11 |
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288 |
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223 |
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722683 |
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C 12 |
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288 |
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224 |
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722684 |
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C 13 |
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288 |
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225 |
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722685 |
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C 14 |
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288 |
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226 |
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722686 |
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C 15 |
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288 |
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227 |
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722687 |
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C 16 |
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288 |
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228 |
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722688 |
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C 17 |
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288 |
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229 |
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722689 |
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C 18 |
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288 |
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230 |
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722690 |
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C 19 |
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288 |
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231 |
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722691 |
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C 20 |
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288 |
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232 |
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722692 |
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C 21 |
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288 |
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233 |
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722693 |
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C 22 |
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288 |
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234 |
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722694 |
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C 23 |
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288 |
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235 |
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722695 |
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C 24 |
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288 |
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236 |
|
722696 |
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C 25 |
|
288 |
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237 |
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722697 |
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C 26 |
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288 |
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238 |
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722698 |
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C 27 |
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288 |
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239 |
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722699 |
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C 28 |
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288 |
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240 |
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722700 |
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C 29 |
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288 |
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241 |
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722701 |
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C 30 |
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288 |
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242 |
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722702 |
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C 31 |
|
288 |
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243 |
|
722703 |
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C 33 |
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288 |
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244 |
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722704 |
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C 34 |
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288 |
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245 |
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722705 |
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C 35 |
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288 |
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246 |
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722706 |
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C 36 |
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288 |
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247 |
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722707 |
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C 37 |
|
288 |
|
248 |
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722708 |
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C 38 |
|
288 |
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249 |
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722709 |
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C 39 |
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288 |
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250 |
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722710 |
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C 40 |
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288 |
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251 |
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722711 |
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C 41 |
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288 |
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252 |
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722712 |
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C 42 |
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288 |
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253 |
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722713 |
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C 43 |
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288 |
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254 |
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722714 |
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C 44 |
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288 |
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255 |
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722715 |
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C 45 |
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288 |
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256 |
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722716 |
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C 46 |
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288 |
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257 |
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722717 |
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C 47 |
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288 |
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258 |
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722718 |
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C 48 |
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288 |
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259 |
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722719 |
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C 49 |
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288 |
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260 |
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722720 |
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C 50 |
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288 |
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261 |
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722721 |
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C 51 |
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288 |
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262 |
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722722 |
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C 52 |
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288 |
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263 |
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722723 |
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C 53 |
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288 |
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264 |
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722724 |
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C 55 |
|
288 |
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266 |
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722726 |
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C 56 |
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288 |
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267 |
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722727 |
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C 57 |
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288 |
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268 |
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722728 |
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C 58 |
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288 |
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269 |
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722729 |
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C 59 |
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288 |
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270 |
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722730 |
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C 60 |
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288 |
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271 |
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722731 |
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Total of 61 Lode Claims |
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BOOK 291 PAGE 354
EUREKA COUNTY NEVADA |
