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8. Title of Lessor. Subject to encumbrances of record, Lessor hereby specially <br />warrants to Lessee that it has good and marketable title to the Leased Premises with each <br />entity designated collectively as Lessor herein owning an undivided 1/3 (one- third) interest <br />in the Leased Premises. Each entity collectively identified as "Lessor" herein shall protect <br />and defend title to its respective 1/3 interest from and against any person or entity claiming <br />by, through or under each of such entities. If Lessee determines that there is any defect <br />in the Lessors' title to the Leased Premises, Lessee shall have the right but not the <br />obligation, to take such steps as it deems reasonably necessary to cure such defect, at its <br />own expense, and Lessor shall cooperate to the extent reasonably necessary to cure such <br />defect. If any dispute as to the title of the Lessor or of any entity collectively referred to as <br />Lessor herein arises, such title defect or alleged title defect shall not suspend or delay any <br />payments due to Lessor or any of the entities identified as the Lessor hereunder. Lessee's <br />only remedy in the event of a title dispute is to exercise its right to cure that title at its own <br />expense. Lessee agrees that this Lease supercedes and replaces that certain Coal Mining <br />Lease dated December 8, 1998 and executed by Corley Mountain Ranch, Ltd. as Lessor <br />and by Lessee. <br />9. Taxes and Liens. Lessee covenants to pay all taxes and assessments upon <br />the coal and upon any improvements placed by the Lessee on, in or under the Leased <br />Premises including, but not limited to, all property and ad valorem taxes and all production <br />or severance taxes during the term of this Lease and until reclamation is completed. <br />Lessee shall not lien or encumber the Leased Premises or permit any liens or <br />encumbrances to be asserted against the Leased Premises as a result of its operations <br />under this Lease. Lessee warrants that as of the effective date of this Lease there are no <br />11JP.1M'SOUTHWIND <br />Mining Lease <br />March 23. 2000 7 <br />