LIBERTY COIN COLLATERALIZATION AGREEMENT

Last Updated: February 1, 2025 (“Update Date”)

This Liberty Coin Collateralization Agreement (“Agreement”) certifies the purchaser (“Purchaser”) has agreed to purchase, sell and utilize Liberty Coins under the contractual terms and conditions of collateralization contained herein. Furthermore, by applying on www.libertycoingold.com (“Liberty Coin Network Site”) to purchase Liberty Coins and become a member of the Liberty Coin Network you acknowledge that you have read, understand and expressly agree to all terms and conditions contained in this Liberty Coin Collateralization Agreement, the Liberty Coin Network Membership Agreement, the Liberty Coin Network Privacy Agreement and all other terms and conditions contained on the Liberty Coin Network Site.

1. Definition and Limitations.

a. The Liberty Coin Network (“Liberty Coin Network”) facilitates Liberty Coin transactions for its member/owners (“Liberty Coin Holders”).

b. Liberty Coin (“Liberty Coin” or “LC”) is a real asset, where at physical coin delivery is comprised of 1 troy oz. coin of independently certified 99.95% pure gold, the collateralization of which prior to physical delivery is exclusively governed by the terms and conditions contained in this Agreement.

c. Purchaser expressly agrees that this Agreement shall be administrated by a trust (“Trust”) as so identified in Purchaser’s Liberty Coin Network account, where Trust and trustee (“Trustee”) are independent from, and unaffiliated with the Liberty Coin Network or any of its subsidiaries, affiliates, contractors, service providers, or other related entities. 

d. Liberty Coin’s collateralized protection as set forth in this Agreement is a central pillar of its capacity to protect value and ensure on-time delivery of physical Liberty Coins to each Liberty Coin Holder.

e. The Liberty Coin Network is operated by and for its members. All prospective Liberty Coin owners must be approved by a Liberty Coin Network Membership Review Board prior to purchasing Liberty Coins.

f. The Trust is non-statutory trust that charges custodial fees and various other fees and costs to facilitate Liberty Coin collateralization transactions and other related services (“Collateralization Fees”). Liberty Coin Holders are required to pay Trust imposed Collateralization Fees, where any unpaid Collateralization Fees shall be satisfied in full by Trust through seizure, sale, and liquidation of Purchaser’s Liberty Coins.

g. The purpose of this Agreement is to protect Purchaser’s Liberty Coins from date of purchase through physical delivery, or automatic resale if so elected.

h. This Agreement shall automatically terminate for each Liberty Coin held by Purchaser upon physical coin delivery, or its automatic resale.

2. Trust.

a. A Trustee with a minimum of 20-years of experience from one of the United States’ leading trust companies shall be appointed to administrate the Trust on behalf of Liberty Coin Holders.

b. The primary mission of Trustee is to protect the interests of each Liberty Coin Holder and ensure timely processing and delivery of each physical Liberty Coin.

3. Property.

a. Trust holds previously mined gold-containing ore, partially processed tailings, and unprocessed mineralized rock (“Pre-Recycled Gold-Ore”) lying on the surface of one or more United States gold mines (“Property”).

b. The amount of Pre-Recycled Gold-Ore collateralizing Liberty Coin Holders holdings is anticipated to increase over the course of each mine’s recycling operations two ways: (1) measurement, testing, and valuation of additional stockpiles of Gold-Containing Ore lying on the surface of the each mine premises comprising the Property, and (2) measurement, testing, and valuation of stockpiles of Gold-Containing Ore lying on the surface of one or more additional mining claims/properties added by Trust to the Property.

c. Trust expressly and unconditionally agrees it shall protect the Property for the exclusive benefit of each Liberty Coin Holder, and ensure a 1:1 minimum gold-ore collateralization ratio is maintained for all pre-delivery Liberty Coins (“Gold-Ore Collateralization”).

d. Trust shall hold exclusive ownership to the Pre-Recycled Gold Ore comprising the Property. Trust shall retain exclusive ownership and control of the Property until all Liberty Coin Holders have received physical delivery or automatic resale proceeds for 100% of their Liberty Coins owned.

e. All ounces or oz. quoted or referenced in this Agreement are in troy ounces, where 1 troy ounce equals 1.09714286 avoirdupois ounce also known as an English standard ounce (“oz.”).

f. All dollars quoted or referenced in this Gold-Ore Purchase Agreement are in United States currency or certified funds (“USD”).

g. The Pre-Recycled Gold-Ore will be refined to independently certified 99.95% (.9995) pure gold which shall be utilized to mint Purchaser’s Liberty Coins.

h. The average independently valued concentration of Certified 99.95% Pure Gold per ton of Pre-Recycled Gold-Ore comprising the Property, including any additions thereto, shall be no less than 0.05 oz. (“Minimum Gold Concentration”), where the independently estimated Minimum Gold Concentration shall be subject to Trustee review and approval.

i. The minimum independently estimated total number of oz. of Certified 99.95% Pure Gold contained in the Pre-Recycled Gold-Ore held in Trust shall at any point in time equal to the total physical ounces of gold purchased by all Liberty Coin Holders (“1:1 Minimum Gold Ore Collateralization Ratio”). In the event the 1:1 Minimum Gold Ore Collateralization Ratio is not maintained, Trust shall promptly acquire additional gold-containing ore from one or more unrelated mining claims/properties in accordance with section 3., h. above and add it to the Property in sufficient quantity to cure the deficiency.

j. Gold-containing ore from unrelated mining claims/properties may be added to the Property held in Trust (“Gold-Ore Additions”). Gold-Ore Additions shall have an independently valued Minimum Gold Concentration of 0.05 oz. per ton, with each Gold Ore Addition (if any) subject to Trustee review and approval.

k. Trust expressly and unconditionally agrees that the only Pre-Recycled Gold-Ore removed from the Property shall be Pre-Recycled Gold-Ore to (A) fulfill the Certified 99.95% Pure Gold required to produce all Liberty Coins which have been sold and have not been physically delivered to purchasers, and (B) an additional quantity of Pre-Recycled Gold-Ore refined to Certified 99.95% Pure Gold required to pay additional Trust approved transaction costs including commissions, fees, and other operating and administrative expenses.

4. Accounting.

a. An accountant from a leading accounting firm shall perform bookkeeping, accounting, and control functions for each Trust (“Accountant”).

5. Default.

a. In the event any Liberty Coin is not physically delivered to, or automatic resale proceeds received by Purchaser on or before the final delivery date of each Liberty Coin as set forth in Purchaser’s Liberty Coin Network Account, Trust shall be deemed to be in default for the Liberty Coins not delivered to Purchaser (“Default”).

b. Purchaser’s Liberty Coins are collateralized by Pre-Recycled Gold-Ore held in Trust, where Purchaser shall be entitled to recover 100% of the amount of independently Certified 99.95% Pure Gold than contained in the Liberty Coins which are in Default.

i. Default Example. In the event 1,000 Liberty Coins each containing one (1) troy oz. of Certified 99.95% Pure Gold were in Default, Purchaser would be entitled to legally claim, transport, process, refine, and retain 1,000 net troy oz. of Certified 99.95% Pure Gold independently produced by Purchaser’s third-party contract gold processor. In the event of Default, there are multiple qualified mine services firms operating in the that can supply turnkey gold processing, refining, and project management services to Purchaser. One or more gold processing, refining, and project management firms may work for a percentage of the gold produced. Contact Trust for additional information regarding Default gold processing at [email protected].

c. This Agreement creates a legally enforceable claim against the Pre-Recycled Gold-Ore for Purchaser’s Liberty Coins (“Lien”).

d. In the event of Default, Purchaser shall with the assistance of Trustee take physical possession of, and ownership title to Pre-Recycled Gold-Ore equal to the amount of Pre-Recycled Gold-Ore necessary to produce the Liberty Coins in Default (“Default Pre-Recycled Gold-Ore Seizure”).

e. The amount of the Default Pre-Recycled Gold-Ore Seizure shall be determined by industry standard testing, assays, and surveys performed by qualified independent third-party geologists, laboratories, and surveyors, each with a minimum of 10-years of experience in the gold testing and valuation industry (“Gold Valuation”). Purchaser and Trust shall each pay for its own independent Gold Valuation, where the results of each Gold Valuation shall be averaged together to determine the amount of Default Pre-Recycled Gold-Ore Seizure.

f. Purchaser shall pay its costs to recycle and refine its Default Pre-Recycled Gold-Ore Seizure to independently certified 99.95% pure gold (“Default Gold Recycling Cost”). Gold-Ore Owner shall also pay all fees and costs related to Default, including reasonable costs of Trustee to assist Purchaser’s seizure, survey, and recycling of Default Pre-Recycled Gold-Ore Seizure (“Additional Default Costs”). Purchaser expressly and unconditionally agrees that its sole recourse and legal remedy in the event of Default is enforcement of the Lien and obtaining the Default Pre-Recycled Gold Ore Seizure.

g. Purchaser expressly and unconditionally agrees that Pre-Recycled Gold Ore is legally defined as personal property the same as piles of gravel or stone, where its ownership (legal title) is transferred from Trust to Gold-Ore Owner in Default using this Agreement as a bill of sale (“Bill of Sale”).

h. Upon Default and enforcement of Purchaser’s Lien, this Agreement shall serve as a legally enforceable Bill of Sale granting Purchaser legal title to Pre-Recycled Gold Ore lying on the surface of the Property to produce the Physical Ounces of Gold in Default (“Pre-Recycled Gold-Ore Ownership Claim”).

i. The Pre-Recycled Gold-Ore Ownership Claim as directed by Trust shall generally be a contiguous area within one or more piles of Gold-Containing Ore lying on the surface of the Property.

j. The specific location of the physical Gold-Containing Ore piles, or portion(s) thereof, comprising the Pre-Recycled Gold-Ore Ownership Claim shall be determined by Trust in its sole and absolute discretion.

k. Purchaser shall pay all costs of surveying and delineating the perimeter of each Pre-Recycled Gold-Ore pile or portion thereof comprising the Pre-Recycled Gold-Ore Ownership Claim which shall be accurately marked with wooden stakes, where each stake’s location shall be shown on the survey using industry standard metes and bounds measurements and GPS coordinates (“Survey”).

l. Upon physical delivery and receipt of the independently Certified 99.95% Pure Gold comprising the Liberty Coins in Default, Purchaser shall automatically release its Pre-Recycled Gold-Ore Ownership Claim to any remaining Pre-Recycled Gold-Ore it seized lying on the Property and any unfinished and finished gold-containing material and finished independently Certified 99.95% Pure Gold that has been removed from the Property and is in any stage of the recycling, refining, or minting process in offsite locations.

m. Purchaser expressly agrees it shall have 24-months from the original date of Default to recycle the independently certified 99.95% pure gold comprising the Liberty Coins in Default from its Pre-Recycled Gold-Ore Ownership Claim (“Default Gold Recycling Period”). After termination of the Default Gold Recycling Period Purchaser’s Pre-Recycled Gold-Ore Ownership Claim shall automatically terminate and revert to Trust for any remaining Pre-Recycled Gold-Ore it seized lying on the Property and any unfinished and finished gold-containing material that has been removed from the Property and is in any stage of the recycling, refining, or minting process in offsite locations. In no event shall Purchaser receive more than the amount of independently Certified 99.95% Pure Gold comprising the Liberty Coins which are in Default.

n. In the event of Default, Purchaser shall utilize qualified and properly permitted, licensed, bonded, and insured contractors subject to Trust approval and oversight to physically remove the Pre-Recycled Gold-Ore from each Pre-Recycled Gold-Ore Ownership Claim in a professional, efficient and safe manner using industry standard best practices and in accordance with all federal, state and local mining and environmental laws and regulations and any applicable Notice or Plan of Operations. Purchaser and its employees, agents and contractors shall be granted reasonable access to each Pre-Recycled Gold-Ore Ownership Claim to independently inspect, test, and monitor removal and recycling operations for the Pre-Recycled Gold Ore. Purchaser agrees to restore each Pre-Recycled Gold-Ore Ownership Claim to its original state prior to conduct of its activities or the activities of its employees, agents, and contractors, including remediation and restoration of any physical or environmental damage or contamination to each Pre-Recycled Gold-Ore Ownership Claim, mine premises comprising the Property, Gold-Containing Ore, improvements, and personal property as a result of Purchaser’s activities or the activities of its employees, agents, and contractors. Purchaser and its employees, agents, and contractors agree to comply with all Trust rules of conduct and procedures for Pre-Recycled Gold-Ore operations, environmental protection, Notice or Plan of Operations, and safety while on each mine premises and agree to assume all risks and liabilities without limitation. Gold-Ore Owner and its employees, agents and contractors shall be bonded, insured, licensed, and qualified to conduct inspection, monitoring, testing, valuation, removal, remediation, and restoration activities while on each mine premises comprising the Pre-Recycled Gold-Ore Ownership Claim. Gold-Ore Owner and its employees, agents and contractors agree that the improvements, structures, tunnels, shafts, and underground workings on each mine premises comprising the Pre-Recycled Gold-Ore Ownership Claim will not be disturbed, entered, or accessed.

o. Tested concentration of gold, surveyed oz. of gold, gold recovery rates, gold valuations and formal appraisals of the Certified 99.95% Pure Gold contained in the Gold-Containing Ore and Pre-Recycled Gold-Ore, spot gold prices, operational expenses, administrative expenses, gold recycling, processing, refining, and minting expenses, and delivery time, results, market conditions, governmental and environmental regulations, restrictions, and approvals, etc. may differ from the assumptions, estimates, analysis, information, data, terms, conditions, projections, and forecasts contained in this Agreement the impact of which could be material (collectively “Variances”). Purchaser expressly acknowledges and agrees that in the event one or more of these Variances did in fact occur, it could potentially result in a Default for 100% of its Liberty Coins purchased, where Purchaser’s sole recourse and legal remedy in the event of Default is contained in section 5. Default. of this Agreement.

6. Liability Disclaimer, Waiver and Indemnity.

a. Purchaser expressly acknowledges and agrees that Trust has no control over Liberty Coin marketability, liquidity or pricing including but not limited to asking or selling prices, bids or quotes, final purchase and sale prices, losses, gains, volatility, performance, volume, liquidity, demand, supply and regulatory requirements, and therefore Trust cannot and does not ensure, warrant, or guarantee marketability, liquidity or pricing of Liberty Coins.

b. Purchaser expressly acknowledges and declares that it fully understands that its Liberty Coins may experience volatility in pricing, marketability and liquidity.

c. If as a Purchaser the terms and conditions of this Agreement are not acceptable or as a Purchaser you do not understand the nature and extent of the risks associated with Liberty Coins, then you should not purchase Liberty Coins.

d. Purchaser expressly agrees that that it will not seek to hold the Trust liable for any monetary losses or any special, incidental, or consequential damages arising from, or which are in any way connected or related to Purchaser’s Liberty Coin account, Liberty Coin Network escrow services, trust services, transactions, operations, Liberty Coin prices, values, liquidity and volatility, or liability in any way connected to past, current or future Liberty Coin demand, supply, purchase or sale, or to the marketability, distribution, holding or use of Liberty Coins.

e. Purchaser will have the sole responsibility to ensure that you as Purchaser have a good understanding of usage, storage, transmission, and default mechanisms associated with Liberty Coins. Purchaser expressly agrees that purchases of Liberty Coins should be undertaken only by individuals, entities, or organizations that have a thorough understanding of financial assets/products, commodities (specifically rare earths and precious and non-precious metals and minerals) and the mining industry.

h. To the fullest extent permitted by law Trust and its Trustee(s) shall not be liable for any loss or damage hereunder, including without limitation any inaccuracy of data, loss of principal, loss of profits, missed opportunities, default costs, cost of damage assessment, mitigation costs, out of court recovery costs, legal costs, special, incidental or consequential damages, current or future, arising from this Agreement and its terms and conditions. To the fullest extent permitted under the laws governing this Agreement and its terms and conditions, Purchaser waives any rights of claim or recourse against Trust and its Trustee(s) related to the aforementioned losses or damages, and agrees to indemnify Trust and its Trustee(s) against claims of third parties related to the ownership, sale, use, or default of Purchaser’s Liberty Coins.

k. THE PURCHASER AGREES TO NOT RELY ON (1) ANY ORAL INFORMATION, OR (2) ANY INFORMATION OF ANY TYPE NOT CONTAINED OR SPECIFICALLY REFERENCED IN THIS AGREEMENT.

l. THIS AGREEMENT MAY CONTAIN PROJECTIONS OR STATEMENTS DEEMED TO BE FORWARD-LOOKING WITHIN THE MEANING OF THE SECURITIES ACT, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND THE RULES AND REGULATIONS PROMULGATED BY THE SECURITIES AND EXCHANGE COMMISSION (THE “SEC”), THEREUNDER. ANY PROJECTIONS CONTAINED IN THIS AGREEMENT ARE NOT HISTORICAL FACTS. WHEN USED IN THIS AGREEMENT, THE WORDS “FORECAST,” “ENVISION,” “ESTIMATE,” “PROJECT,” “BELIEVE,” “ANTICIPATE,” “INTEND,” “EXPECT,” “PLAN,” “PREDICT,” “MAY,” “WILL,” “SHOULD,” “COULD,” “WOULD”, “CAN,” THE NEGATIVE THEREOF OR OTHER VARIATIONS THEREON OR COMPARABLE TERMINOLOGY, ARE INTENDED TO IDENTIFY PROJECTIONS IN TO THE FUTURE, BUT ARE NOT THE EXCLUSIVE MEANS OF IDENTIFYING THEM. WHILE PROJECTIONS IN TO THE FUTURE MAY BE BASED ON CERTAIN HISTORICAL TRENDS, CURRENT CONDITIONS, EXPECTED FUTURE DEVELOPMENTS AND OTHER FACTORS, SUCH STATEMENTS ARE NOT GUARANTEES OF FUTURE PERFORMANCE AND ARE SUBJECT TO RISKS, UNCERTAINTIES AND  OTHER FACTORS, MANY OF WHICH ARE BEYOND THE CONTROL OF THE LIBERTY COIN NETWORK OR ITS AFFILIATED PARTIES, ARE DIFFICULT TO PREDICT AND COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE EXPRESSED, FORECASTED OR PROJECTED BY THE LIBERTY COIN NETWORK OR ITS AFFILIATED PARTIES. CERTAIN OF THESE RISKS AND UNCERTAINTIES ARE DESCRIBED IN THIS AGREEMENT; PROVIDED THAT SUCH RISKS AND UNCERTAINTIES ARE INTENDED TO BE ILLUSTRATIVE AND NOT EXHAUSTIVE. PROSPECTIVE PURCHASERS ARE CAUTIONED NOT TO RELY ON ANY PROJECTIONS OR FORECASTS THAT MAY BE CONTAINED IN THIS AGREEMENT.

m. THERE CAN BE NO ASSURANCE THAT THE RESULTS EXPECTED BY PURCHASER IN A DEFAULT WILL BE REALIZED OR, EVEN IF SUBSTANTIALLY REALIZED, THAT THEY WILL HAVE THE EXPECTED CONSEQUENCES TO OR EFFECTS ON ITS LIBERTY COINS. THE PROJECTIONS OR FORECASTS CONTAINED IN THIS AGREEMENT SPEAK ONLY AS OF THE UPDATE DATE OF THIS AGREEMENT. THE TRUST ASSUMES NO OBLIGATION TO UPDATE ANY PROJECTIONS OR FORECASTS (IF ANY), WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE.

n. IMPORTANT FACTORS TO CONSIDER IN EVALUATING SUCH PROJECTIONS OR FORECASTS (IF ANY) INCLUDE BUT ARE NOT LIMITED TO: (I) CHANGES IN EXTERNAL COMPETITIVE MARKET FACTORS; (II) CHANGES IN WORKING CAPITAL AND OTHER CASH REQUIREMENTS; (III) GENERAL CHANGES IN THE INDUSTRY IN WHICH THE LIBERTY COINS COMPETE; AND (III) VARIOUS OTHER COMPETITIVE OR REGULATORY FACTORS THAT MAY PREVENT TRUST AND ITS TRUSTEE(S) FROM SUCCESSFULLY PERFORMING ITS DUTIES IN THE MARKETPLACE. IN LIGHT OF THESE RISKS AND UNCERTAINTIES, ACTUAL RESULTS COULD DIFFER MATERIALLY FROM PROJECTIONS (IF ANY) CONTAINED IN THIS AGREEMENT.

o. THE INFORMATION CONTAINED IN THIS AGREEMENT IS ASSUMED TO BE ACCURATE ONLY AS OF THE UPDATE DATE OF THIS AGREEMENT, REGARDLESS OF THE TIME OF DELIVERY OF THIS AGREEMENT OR ACTUAL DELIVERY DATE(S) OF LIBERTY COINS.

p. PURCHASING LIBERTY COINS INVOLVES RISK. YOU AS PURCHASER SHOULD CAREFULLY CONSIDER THE RISK FACTORS SET FORTH AND CONTAINED IN THIS AGREEMENT.

8. Terms, Conditions and Risks Liberty Coin Purchases, Ownership and Sales

a. The acquisition of Liberty Coins on the Liberty Coin Network implies and is evidence that Purchaser entered into this Agreement by agreeing to all of its terms and conditions. By purchasing Liberty Coins, you as Purchaser expressly declare, represent and warrant that:

i. You as Purchaser meet and fully understand the requirements and conditions of Liberty Coin purchases, sale, use, and default as set forth in this Agreement.

ii. You as Purchaser have read carefully the terms and conditions in this Agreement, and you agree to their full contents and you accept to be legally bound by them.

iii. You as Purchaser are above 18 years old or you have reached the age in which you are qualified to enter into a contractual relationship in the country and province in which you reside.

iv. You as Purchaser have full authorization to act on behalf of the legal entity which will purchase the Liberty Coins if acting on behalf of a legal entity.

v. You as Purchaser live in a jurisdiction which allows the purchase, sale and use of Liberty Coins without requiring any local authorization.

vi. You will not use the Liberty Coins for any illegal activity, including but not limited to money laundering and the financing of terrorism.

vii. You as Purchaser have sufficient knowledge about the nature of financial assets and commodities and you have a good understanding of the purchase, sale, usage, systems and services of financial assets/products, commodities (specifically rare earths and precious and non-precious metals and minerals) and the mining industry. 

viii. You as Purchaser are familiar with all related regulations in the specific jurisdiction you are based in and that the purchase, sale and use of assets such as Liberty Coins is not prohibited, restricted or subject to additional conditions of any kind; participants cannot purchase Liberty Coins if there are applicable legal restrictions in their country of residence. It is the responsibility of each purchaser to know these laws and take them into consideration before their purchase of Liberty Coins.

ix. You as Purchaser are purchasing Liberty Coins strictly based on their utility to you as an individual Liberty Coin owner.

x. You as Purchaser intend to hold Liberty Coins purchased over a long-term period of ownership.

xi. You as Purchaser expressly agree that you are not purchasing Liberty Coins for the purpose of speculative or short-term ownership, sale or usage.

xii. You as Purchaser waive your right to participate in a class action lawsuit or a class-wide arbitration against the Trust or its Trustee(s).

b. Prior to participation/purchase, you as Purchaser are strongly advised to carefully consider the exemplary and non-exhaustive list of risks set forth in this Agreement and, to the extent necessary, consult a qualified financial advisor, attorney, accountant, and/or tax professional.

i. Regulatory authorities are carefully scrutinizing, and initiating regulation of businesses and operations associated with assets and networks such as Liberty Coins around the world, including the SEC in the United States. In that respect, regulatory measures, investigations or actions may negatively impact Liberty Coins. Any person undertaking to acquire Liberty Coins must be aware that terms and conditions contained in this this Agreement may change or require modification as the result of new, or anticipated, regulatory and compliance requirements from any applicable laws in any jurisdictions in which it may operate. In such case, Purchasers and any person undertaking to acquire, sell or use Liberty Coins acknowledge and expressly agree that neither Trust or its Trustee(s) shall be held liable for any direct or indirect loss or damages caused by such regulatory actual or anticipated changes.

ii. The purchasing of Liberty Coins shall grant the Purchaser no direct influence in the Trust and shall not in any way constitute acquiring of an equity interest, common shares of stock or a creditor interest in the Trust. The ownership of Liberty Coins does not constitute Purchaser as a common stock shareholder or equity interest holder in, or creditor of, the Trust, it does not grant Purchaser a right to present itself as a common stock shareholder, equity interest holder or creditor of the Trust. The ownership of Liberty Coins does not give Purchaser any rights associated with being a common stock shareholder, equity interest holder or creditor in the Trust nor any intellectual property rights including but not limited to the Trust’s technology, software and its software applications, trade secrets, proprietary information, and methods of doing business.

iii. The Trust utilizes policies and procedures to implement Know Your Customer (“KYC”), U.S. Treasury Bank Secrecy Act (“BAC”), Anti-Money Laundering (“AML”), Title III of the U.S. Patriot Act (“Patriot Act”), U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), and other applicable regulations in jurisdictions in which it may operate, as well as monitoring and re-verification procedures.

v. Nothing in this Agreement or its terms and conditions should be regarded as an invitation or solicitation of investment or promise of profit or financial gain in whatever form and does not construe, relate or pertain in any way or should be regarded to be an offering of securities of any kind in any jurisdiction.

The Trust is not a financial institution and does not provide investment services, including investment advice, or any other licensed financial services according to applicable law. Neither the Trust nor its Trustee(s) shall be considered as an advisor in any legal, tax or financial matters. Liberty Coins should not be regarded as fiat money, electronic money or digital currency, or financial instruments, investments or securities with particular status or subject to regulative framework of any kind according to applicable law.

vi. To the full extent permitted by law neither the Trust or its Trustee(s) shall be liable for any loss or damage hereunder, including without limitation any inaccuracy of data, loss of principal, loss of profits, or indirect, special, incidental or consequential damages, arising from this Agreement or its terms and conditions, from the purchase, sale, or default of Liberty Coins, even if such party has been advised of the possibility of such damages.

9. Trust Representations

a. Trust has the power and authority to own, lease, license and operate and carry on its business as now conducted.

b. The execution, delivery and performance by the Trust is within the power of the Trust and has been duly authorized by all necessary actions on the part of the Liberty Coin Network. This Agreement constitutes a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.

c. No consents or approvals are required in connection with the performance of this Agreement, other than: (i) the Trust’s corporate or Trustee(s) approvals; (ii) any qualifications or filings under applicable securities laws; and (iii) necessary corporate approvals for the authorization of the Pre-Recycled Gold-Ore transferred in Default under the terms and conditions of this Agreement.

10. Purchaser Representations

a. The Purchaser has full legal capacity, power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes a valid and legally binding obligation of the Purchaser, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.

b. In the event Purchaser is a natural person, Purchaser agrees (i) that its current and expected future financial condition over the next five (5) years is such that its initial purchase of Liberty Coins represents less than 5.0% of its tangible net worth (total assets less total liabilities excluding the probable market value of its personal residence and the current amount of any debt financing associated with that residence), and (ii) that its current and expected income over the next five (5) years is such that it can comfortably hold the total amount of Liberty Coins purchased for an indefinite period of time.

c. In the event Purchaser is not a natural person (i.e. a corporation or other type of legal entity),  Purchaser agrees (i) that its current and expected future financial condition over the next five (5) years is such that its initial purchase of Liberty Coins represents less than 5.0% of its tangible net worth (total assets less total liabilities), and (ii) that its current and expected income over the next five (5) years is such that it can comfortably hold the total amount of Liberty Coins purchased for an indefinite period of time.

d. Purchaser is entering into this Agreement and acquiring Liberty Coins for its own account, not as a nominee or agent for a third party or beneficiary.

e. Purchaser has been given adequate opportunity to ask questions of, and receive answers to, and review additional information from the Liberty Coin Network, including the Liberty Coin Information, concerning the terms and conditions of Liberty Coin purchase, sale, use, and default, the merits and risks of purchasing, selling and using Liberty Coins, including default, where the Liberty Coin Information and answers received from Liberty Coin Network have satisfied Purchaser in full. Purchaser has also made its own independent investigations of the Liberty Coins, including the merits and risks involved with purchasing, owning and selling Liberty Coins, its investigation of which have satisfied Purchaser in full.

f. Purchaser expressly and unconditionally agrees to all terms and conditions contained in this Agreement.

11. Governing Law, Legal Jurisdiction, Fees and Costs, Legal Name

a. This Agreement and all rights and obligations hereunder constitutes the entire agreement between the parties and shall be governed by and construed in accordance with the laws of Nevis, West Indies without application or reference to principles of conflicts of law.

b. Each party to this Agreement hereby irrevocably consents and agrees that any legal action, suit or proceeding with respect to this Agreement shall be brought in a court located in Nevis, West Indies, and each of the parties hereby irrevocably accepts and submits to the jurisdiction of such courts with respect to any such action, suit or proceeding.

c. Each party to this Agreement irrevocably agrees that all legal fees, court costs and costs of collection shall be paid in accordance with the customs and laws of Nevis, West Indies. In the event no applicable Nevis, West Indies customs or laws governing legal fees, court costs and collection costs that arise under the terms of this Agreement are in existence, each party will be responsible for all of its own expenses, fees, and costs without limitation including all legal fees and court costs it may incur as the result of any dispute, legal action, suit, proceeding or costs of enforcing or collecting any judgment awarded and in no event shall the prevailing party be entitled to reimbursement from the losing party in regard to any costs of its legal action including its court costs, attorney fees, and costs of enforcing or collecting any judgment awarded.

d. If a court decides that any provision of this Agreement is invalid or unenforceable, that provision shall be severed, and the other parts of this Agreement shall still apply. In any case, the remainder of this Agreement, will continue to apply and be of full force and effect.

e. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language only. Any translation provided may not accurately represent the information in the original English language.

f. The legal name of the Liberty Coin Network is Liberty Coin Network Corporation, a for-profit corporation duly authorized and incorporated under the laws of Nevis, West Indies.

12. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service or delay in initiating or finalizing Liberty Coin purchase or sale transactions or use of the Liberty Coin Network which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, health crisis, infection, virus, pandemic, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

13. Communication. All communication between Purchaser and Trust or Trustee regarding this Agreement including Gold-Ore Collateral and Default shall be made by emailing us at [email protected] or contacting 775.295.5482.

14. E-Sign and Communications Disclosure

This policy describes how Liberty Coin Network delivers communications to you electronically, and may amend this policy at any time by providing a revised version on the Liberty Coin Network Site. The revised version will be effective at the time we post it.

a. Electronic Delivery of Communications: You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Liberty Coin Network Account and your use of Liberty Coin Network Services. Communications include the following.

i. Terms of use and policies you agree to in the Liberty Coin Network Membership Agreement, Liberty Coin Purchase and Sale Agreement, Liberty Coin Collateralization Agreement, and Liberty Coin Privacy Agreement, including updates to these agreements and all information contained within the Liberty Coin Network Site;

ii. Liberty Coin Network Account details, history, transaction receipts, confirmations, ownership ledgers, and any other account or transaction information;

iii. Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

iv. Responses to claims or customer support inquiries filed in connection with your Liberty Coin Network Account.

We will provide these Communications to you by posting them on the Liberty Coin Network Site, emailing them to you at the primary email address listed in your Liberty Coin Network Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

b. Hardware and Software Requirements: In order to access and retain electronic Communications, you will need the following computer hardware and software:

i. A device with an Internet connection;

ii. A current web browser that includes 128-bit encryption with cookies enabled;

iii. A valid email address (your primary email address on file with Liberty Coin Network); and

iv. Sufficient storage space to save past Communications or an installed printer to print them.

c. How to Withdraw Your Consent: You may withdraw your consent to receive Communications electronically by contacting us at [email protected]. If you fail to provide information requested or if you withdraw your consent to receive Communications electronically, Liberty Coin Network reserves the right to immediately close your Liberty Coin Network Account.

d. Updating Your Information: It is your responsibility to provide us with your true, accurate and complete e-mail address and contact information, and to keep such information up to date in Liberty Coin Network Account. You understand and agree that if Liberty Coin Network sends you electronic Communications but you do not receive them because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Liberty Coin Network will be deemed to have provided the Communications to you. You may update your email and contact information using your online Liberty Coin Network Account or by contacting our support team at [email protected].

15. Additional Definitions

The libertycoingold.com website and mobile app, Liberty Coin Network, Liberty Coin Exchange, and this Agreement contain various references which are defined as follows: (1) all references to gold, gold ore, and gold-containing metals or minerals shall be defined as gold equivalent ounces (GEO), (2) all references to GEO  shall include all forms of valuable precious metals, rare earths, and industrial metals and minerals that can be economically monetized prior to Liberty Coin delivery, (3) all references to surface gold, surface gold ore, surface ore, or GEO found on the surface of mines shall include any underground deposits of precious metals, rare earths, and industrial metals and minerals, and (4) all references to mines including historic mines, abandoned mines, operating mines, etc. shall be defined as any type of abandoned, closed, or operating surface or underground mine located anywhere in the world.

16. Miscellaneous

a. Neither this Agreement nor the rights contained herein may be assigned, by operation of law or otherwise, by Purchaser without the prior written consent of Trust and Liberty Coin Network. We reserve the right to assign our rights without restriction, including without limitation to any Trust or Liberty Coin Network affiliates or subsidiaries, or to any successor in interest of any business associated with the Trust or Liberty Coin Network. Any attempted transfer or assignment in violation hereof shall be null and void.

b. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.