JL is a rebuttal to the info supplied by Mtstack on Stockwhouse required or is all under control in the nullity of the sale of mining claims by your agent Villar to Lill of Barrick Gold the nest of criminal rats......???????????
"The only consequential fact in this story is that JL does not own any concessions.
The original Villar claims were sold to CMN and the 14th Civil Court of Santiago deemed the sale to be valid. These claims were allowed to expire by CMN, which was their right as the owner. There was no agreement in the sales contract to continue the process to establish the Amarillo Sur and Norte claims as concessions; nor was there an agreement in the sales contract for any royalty to be paid pertaining to the contracted claims. Any additional conditions that JL mentions that are not contained in the contract are unenforceable.
JL filed mining claims in 2011 with the Chilean government with the same boundaries and the same claim names as the expired Amarillo Norte and Sur claims. All of these new claims were cancelled and all rights emanating from them were deemed expired by the Chilean courts by 2013.
The Tesoro concessions were established for CMN in the name of their employee, HUL, and were transferred to CMN as soon as the injunction was lifted. The Tesoro concessions were never titled to JL.
The original notarized sales contract can be viewed in the pdf located on the Chilean court website, C 3784-2016, Folio 78, dated 4/25/2017, starting on page 19 of the pdf.
Below is a translation of the original sales contract:
SALES CONTRACT
RODOLFO VILLAR GARCIA
TO
COMPANIA MINERA NEVADA S.A.
IN SANTIAGO, CHILE, March 4, 1997, before me, EDUARDO AVELLO CONCHA, Attorney, Notary Public, Holder of the Twenty-seventh Notary of Santiago … appeared: Mr. RODOLFO VILLAR GARCIS, Chilean, Mining Engineer, married to Miriam de Lourdes Araya Arancibia, who authorizes at the end, … as seller, and for the other, as buyer, COMPANIA MINERA NEVADA S.A., … represented by JOHN W. LILL, Canadian, married, mining engineer, … with the identification indicated and they exhibit:
FIRST: Mr. RODOLFO VILLAR GARCIA is the owner of the following mining claims located in the Community of Alto del Carmen, Province of Huasco, Third Region, all shown originally for the seller to be registered in his name with the Conservator indicated in each case: [The individual Amarillo Sur and Amarillo Norte claims are listed as recorded in the Registry of Discoveries of the Conservator of Mines of Vallenar.]
SECOND: By this Act Mr. Rodolfo Villar Garca, sells, assigns and transfers the individualized claims in the preceding first clause, to Compana Minera Nevada S.A., which represented in the form indicated, purchases them, acquires and accepts for itself.
THIRD: The price for the purchase of the individualized claims is the total sum of ten thousand pesos to be paid on this act, on the spot, in cash and that Mr. Rodolfo Villar Garcia declares to receive in this act in its entire compliance, resulting in entirely having paid the price.
FOURTH: Seller Mr. Rodolfo Villar Garca declares that claims which by this Act are sold are all their transactions to date and without that has elapsed any term of expiry that may affect them, and with their payment of taxes included and promptly paid, and which to this date such statements and motions have not been subject to lawsuits for revocation , nullity or any other civil claim, commercial or otherwise, so in his merit express that they are fully in force free from all lien or levy and becoming responsible for the sanitation of eviction in accordance to the law.
FIFTH: The parties declare that it has been essential for the present contract that Mr. Rodolfo Villar Garca does not request nor constitute, if or by any person, mining concession in the area, which comprises part of the third and the fourth region, understood to be between the following coordinates or boundaries to correspond to what the buyer calls "Indio Belt" and in which are located its mining properties or its related companies; To the North, the coordinates UTM N 6,800,000; To the East, the border with the Republic Argentina; To the West, UTM coordinates E 365,000, and to the South the coordinates UTM N 6,590,000 also undertakes not to act in judgments that may affect mining concessions of the buyer or any of its related companies located in the area mentioned, these obligations that Mr. Rodolfo Villar Garca undertakes to respect entirely. In the event of a breach by Mr Villar of this obligation, he is forced to pay a buyer, to title of fine an amount the parties by mutual agreement set in the sum of fifty million pesos, without prejudice to compensation and relevant costs.
The parties declare that in the transaction of this contract was taken into consideration that on this same date of a contract for the sale of mining concessions in process between Mr. Alejandro Moreno Prohens and Company Mining Nevada S.A. was held before this same Notary.
SIXTH: Appearing in court in this action is Mrs. Myriam de Lourdes Araya Arancibia, Chilean, housewife, national identity number XXX, as spouse of Mr. Rodolfo Villar Garcia, and of his home, who concurs express authorization to her husband to transact this contract of sale.
SEVENTH: For all effects arising from this agreement, the parties set its domicile in the city of Santiago and are subject, already, to the jurisdiction of its courts.
EIGHTH: The expenses that motivate the present contract will be borne by the buyer.
NINTH: The parties enable and empower lawyers Juan Carlos Palma Irarazaval or Sergio Comez Nunez to acting, individually, in representation of the appearing parties extend and give, if necessary of written clarification or correction of the present.
TENTH: It empowers the bearer of an authorized copy of the present document to require the registrations, subregistrations and annotations that proceed in Notary’s offices and in the Conservators of Mines that correspond.
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The document is signed by Rodolfo Villar, John Lil, and Villar’s wife. It is notarized by Avello Concha."
