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<br /> <br /> <br />WHEREAS, such successors in interest to said "Sellers" <br />have by Assignment dated February 28, 1976, transferred all <br />their rights and interests in said Paragraph 5 referred to <br />above to obtain the sublease described therein; and <br />WHEREAS, FIRST PARTY desires to sublease to SECOND <br />PARTY and SECOND PARTY desires to sublet from FIRST PARTY the <br />property herein described upon the terms and conditions as <br />herein set forth to satisfy FIRST PARTY's obligation to so <br />sublease as stated in said Agreement of Sale; <br />NOW, THEREFORE, for and in consideration of the <br />promises and covenants contained herein and in said Agreement <br />of Sale, the adequacy and sufficiency of which is hereby acknowl- <br />edged, FIRST PARTY does hereby grant, convey and sublease to <br />SECOND PARTY from FIRST PARTY's Federal Coal Lease No. C-033301 <br />all of that coal seam known as the "Hawksnest Coal Seam" or <br />the "E Coal Seam" and all coal seams lying above that seam, <br />if any, in, under, and upon the following described real <br />property situated in the County of Delta and State of Colorado: <br />A parcel of land situated in Section 35 of <br />T. 12 S., R. 91 W., 6th Principal Meridian, <br />Colorado, being more fully described as the <br />Easternmost 184 feet of Lot 19 and all of <br />Lots 20 and 21 of said section, containing <br />80 acres, more or less, <br />free of all ].ions and eucurnlirances, t_oyether with al]. rights <br />granted by said Federal Coal Lease No. C-033301 including, but <br />not limited to, rights of ingress, egress and regress for the <br />purposes of exploring for, mining, mmoving and marketing coal <br />from said coal seams. Said Federal Coal Lease No. C-033301 is <br />hereby incorporated i.n this sublease by re Ccrcnce as Cully :rs <br />if the Leans and provisiun~; rherc•~E were set forth in full <br />herein. SECOND PARTY agrees to assume and be bound by the same <br />responsibilities, rights, privileges and duties that FIRST <br />PARTY has from and to the United States of America. The parties <br /> <br /> <br /> <br />