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<br />Supplemental Water Agreement, dated September 9, 1993, betwecri Margaret M.
<br />i Hogan by Edward G. Hogan as personal representative, Edward G. Hogan,
<br />William J. Hogan and Joann T. Sharp, Assignor and American Contract Miners, Inc,;
<br />AND
<br />Easement Agreement, dated October 9, 1997, between Margaret M. ilogan by
<br />Edward G. Hogan as personal representative, Edward G. Hogan, William J. Hogan
<br />and Joann T. Sharp, Assignor and American Contract Miners, Inc.;
<br />(collectively, together with all existing amendments thereto the "Ilogan
<br />Agreements ").
<br />WHEREAS, by virtue of that certain Asset Purchase Agreement, dated December 3, I997,
<br />between Assignor and Assignee (the "Purchase Agreement "), Assignor agreed, for good and
<br />valuable consideration as set forth in the Purchase Agreement, to assign its interest in the Hogan
<br />Agreements to Assignee;
<br />NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
<br />hereby acknowledged, the parties hereby agree and confirm that:
<br />1. Assignor does hereby assign unto the Assignee, as of the Effective Date, all of
<br />Assignor's right, title and interest in and to the Hogan Agreements and the property to which the
<br />Hogan Agreements relate including, without limitation, all rights of Assignor to extend the term of
<br />any of the Hogan Agreements.
<br />2. Assignee does hereby assume, and unconditionally agrees to be bound by and
<br />perfbmi, as of the Effective Date, all of the obligations of the Assignor under the Hogan Agreements
<br />including, without limitation, any obligation to pay all sums payable by, to do all acts required to
<br />be done by, and to refrain from all acts prohibited to, the Assignor under the terms of the Hogan
<br />Agreements.
<br />3. Assignor represents and warrants that the Lessors (as to Margaret M. Hogan, her
<br />heirs and devisors) constitute all of the record owners of the property to which the Hogan
<br />Agreements relate, and to the Best Knowledge (as defined in the Purchase Agreement) of Assignor,
<br />Edward G Hogan u Personal Representative for Margaret M. Hogan, Edward G. Hogan, William J.
<br />Hogan and Joann T. Sharp are the only persons whose consent is required, pursuant to the terms of
<br />the Hogan Agreements, by law or otherwise, for Assignor to assign the Hogan Agreements to
<br />Assignee. This representation of Assignor is based solely upon information in the Commitments
<br />for Title Insurance, issued by First American Heritage Title Company, Order Nos. KC 49066B97
<br />and KC 5132.3BF Aated'Novernber 20; 1'99.7. and December 3, 1997;'respcc4W issued by First
<br />American Heritage Title Insurance Company.
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