Form S-42 - Damage Bond - Right-Of-Way Or Water Lease

Form S-42 - Damage Bond - Right-Of-Way Or Water Lease - 2007 Page 2

It is expressly understood and provided that said surface lessee and/or holder and owner

of any prior surface right as designated herein, are hereby made obligees hereunder the same as

if their names were written herein as such, and they, or each of them, may proceed or sue hereon,

and it is further expressly understood and provided that the aggregate liability of the Surety for

any claim or claims hereunder shall in no event exceed the specified total sum of this obligation.

__________________________________

____________________________________

Principal

Surety

STATE OF NEW MEXICO

)

) ss.

COUNTY OF __________________)

On this ___________ day of _______________, 20_____, before me personally appeared

_______________________________________________, to me known to be the person

described in and who executed the foregoing instrument and acknowledged that he executed the

same as his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year in

this certificate first above written.

My Commission Expires:

___________________________________

____________________________________

Notary Public

STATE OF ______________)

) ss.

COUNTY OF ____________)

On this __________ day of ___________________, 20_____, before me appeared _____

_____________________________________________________ to me personally known, who,

being by me duly sworn, did say that he/she is ________________________________________

of ____________________________ and that the seal affixed to said instrument is the corporate

seal of said corporation and that said instrument was signed and sealed on behalf of said

corporation by authority of its Board of Directors and the said ___________________________

____________ acknowledged said instrument to be the free act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year in

this certificate first above written.

My Commission Expires:

________________________________

____________________________________

Notary Public

S-42 (Revised 01/2007)

Form S-42 - Damage Bond - Right-Of-Way Or Water Lease - 2007 Page 2