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THIS DEED, made this 1+ - day of February, 1978, by <br />and between GOSSARD, INC., an Indiana corporation, herein- <br />after called "Grantor", and COLOWYO COAL COMPANY, a Delaware <br />general partnership, hereinafter called "Grantee". <br />Grantor, in consideration of the sum of ten dollars <br />zo it in hand paid by the Grantee, the receipt and suffi- <br />ciency of which is hereby confessed and acknowledged, has <br />granted and by these presents does grant, bargain, sell and <br />convey unto the Grantee, its successors and assigns, a right <br />of way and easement for constructing, operating, maintaining <br />and using a transportation corridor (including rail track and <br />operation of locomotives and railroad cars for the movement <br />of commodities generally), including =he right to install and <br />use utility lines, water supply lines, water irrigation <br />lines, conveyor belts, track scales, coal slurry or air <br />transport pipelines, air and water quality control and monitor- <br />ing equipment, maintenance roads, and the right and privilege <br />of constructing and laying fill to support the road bed of <br />any railroad track or other facility and to slope and grade <br />such portions of the land necessary for the construction of a <br />railroad or other such facility, and appropriate reclamation <br />and maintenance thereof, over and within that certain tract <br />of land located in Moffat County, Colorado, designated as <br />Parcel No. 900-8A R1 and specifically described on Exhibit A <br />appended hereto and made a part hereof. OO. k06 <br />Grantee's representatives have heretofore surveyed, <br />staked and monumented on the ground the location of the <br />centerline of Parcel 900 -SA Rl. The surveyed location of the <br />centerline of Parcel 900-8A R1 is described on Exhibit A <br />hereto, but it is understood that the surveyed location of <br />the centerline of Parcel 900-8A RI as staked and monumented <br />on the ground shall control. In addition, in no event shall <br />Exhibit 1, Item 3-25 Revision Date: 12/28/12 <br />Revision No.: RN -06 <br />