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UNITED STATES <br /> DEPARTMENT OF THE INTERIOR Serial No.: COC62920 <br /> BUREAU OF LAND MANAGEMENT Date of Lease:November 1,2002 <br /> MODIFIED COAL LEASE <br /> PART I. <br /> THIS MODIFIED COAL LEASE is entered into JAN 0 12018 and between the UNITED STATES OF AMERICA, <br /> hereinafter called the Lessor,through the Bureau of Land Management,and <br /> GCC Energy LLC <br /> 6473 County Road 120 <br /> Hesperus,CO 81326 <br /> hereinafter called Lessee. <br /> This modified lease shall retain the effective date November 1,2002,of the original COAL LEASE COC62920,and is effective for a <br /> period of 20 years therefrom,and for so long thereafter as coal is produced in commercial quantities from the leased lands,subject to <br /> readjustment of lease terms at the end of the 20th lease year(November 1,2022),and each 10-year period thereafter. <br /> Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands Leasing Act of 1920,as amended, <br /> 41 Stat.437,30 U.S.C. 181-287,hereinafter referred to as the Act;and to the regulations and formal orders of the Secretary of the Interior <br /> which are now or hereafter in force,when not inconsistent with the express and specific provisions herein. <br /> Sec.2. Lessee as the holder of Coal Lease COC62920, issued effective November I, 2002,was granted the exclusive right and <br /> privilege to drill for,mine,extract,remove or otherwise process and dispose of the coal deposits in, upon,or under the lands described <br /> below as Original Lease. <br /> The Lessor in consideration of fair market value,rents and royalties to be paid,and the conditions and covenants to be observed as <br /> herein set forth,hereby grants and leases to Lessee the exclusive right and privilege to drill for, mine,extract,remove,or otherwise <br /> process and dispose of the coal deposits in,upon,or under the lands described below as Modification: <br /> Original Lease <br /> New Mexico Principal Meridian,Colorado <br /> T. 35 M,R. I I W., <br /> sec. 19, lots 3 thru 5,El/2SWI/a,and SEI/4. <br /> T. 35 N.,R. 12 W., <br /> sec. 24,lots I thru 3,and SWI/4SEI/a; <br /> sec. 25,lots I and 2,WI/2NEI/, and WI/2; <br /> sec. 26,SEI/aNEI/a,E%2SE'/4,and SWI/SEIA; <br /> sec. 35,NEI/a,and NI/2SEI/a. N <br /> Containing approximately 1,31 l.69 acres,more or less, in La Plata County,Colorado. <br /> io C)c� <br /> Modification: <br /> -�C7 <br /> New Mexico Principal Meridian,Colorado <br /> T. 35 N.,R. I I W., ocr� <br /> sec. 19,NEIA,and S2%2SEI/4NWI/a; <br /> o sec. 20,NWI/NWI/a; '' a <br /> sec. 30,lots I thru 4,NWI/aNEI/a,and EY2NWI/a, <br /> T. 35 N.,R. 12 W., X rrr <br /> sec 25, lots 3 thru 8; c=) <br /> sec. 26,SEIANEIANEIA; <br /> sec. 35,NEI/4NWI/4,SI/2NWI/a,SWI/a,and S%2SEI/a. <br /> Containing approximately 950.55 acres,more or less, in La Plata County,Colorado. <br /> containing 2,262.240 acres,more or less,together with the right to construct such works,buildings,plants,structures,equipment and <br /> appliances and the right to use such on-lease rights-of-way which may be necessary and convenient in the exercise of the rights and <br /> privileges granted,subject to the conditions herein provided. <br />