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A <br />COAL MINING LEASE <br />Made as of the <br />10 �Y of Sept: "., 1988 ("Lease Daten), FRANK E. AND MARY LOU MORGAN, <br />_.. <br />"Lessor ", whether one or more), with address at 26498 BB27 ROAD, P.O BOX 4, NUCLA, CO <br />81,424, for good. and. valuable consideration, the sufficiency and receipt of which is he <br />acknowledged by Lessor, hereby leases to Western Fuels -Colorado, A Limited Liability Company, <br />a Colorado, limited liability company ( Lessee. ), - with address at the following described land <br />( "Property ') and the coal mineral deposits ( "Coar') located in, on and under the Property: <br />T' L R16W N'N1' -M. <br />SECTION 1: I+IE1 /4 NE1 /4 (also known as Lot 1), NW1 /4 NE1 /4 (also.known as Lot 2), <br />NE1 14 NVV1 /4 (also known as Lot 3), N112 N1/2 SW1 14 NEt /4, "and N1I2.Ni /2 <br />SE1 /4 NWi /4 <br />con#airiing." 14 ©.acres"} more or less, excluding approxiir3ately twenty lave, (25) acres of land that <br />includes fhe_ area South of the Cototado Cooperative Ditch in Lot 1, Lot 2 and the parcels ofland .' <br />.-, jmmedraieiy <br />South:ofthe boundary of Lot Nos. l and "2, which is, indirateci on the map as "adjoining <br />property; with. all of r <br />the ights ("Rights ") to conduct mining activities as. described in Section 3 of this <br />L:ease,(herein referred "to as the "Rights"): The. map is attached hereto :and made. a part hereof .as <br />own, coal under County Rdads and other rights- af;v++ay. fl01' Exhibit A: - it is noted that Lessor rhay . o <br />easements that mining vnii! disturb_ If sa, L.e4 will be,paid royalties o.n ail_ coat owned by Lessor, <br />that is rained.. [Note: attached "consent of Mortgagee, it applicable]. <br />BY THIS LEASE, LESSOR INTENDS TO LEASE TO LESSEE ALL OF LESSOR'S RIGHT, <br />TITLE AND INTEREST" IN THE CQAL IN, 0N OR UNDER THE PROPERTY,. UPON THE TERMS <br />AND CONDITIONS STATED HEREIN <br />1 7ernt,. This Lease shah be in effect for twenty (20} years commencing on the Lease <br />Date stated above and for so long thereafter as: (a) coal is produced in commercial quantities from . <br />the leased lands, (b) the Property is being reclaimed per the requirements of the mining permit <br />covering the property issued by the Colorado Division of Minerals and Geology, Office of Mined Land <br />,. Reclamation.. <br />Exhibit 1 - Coal Mining Lease as: Amended <br />