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iii iiiiiiiiiiiii iu <br />• <br />• <br />• <br />• <br />ASSIGNMENT OF EASEMENT AGREEMENT <br />~~ <br />THIS ASSIGNMENT, made this day of , 1995, <br />by HAYDEN GULCH TERMINAL, INC., a Delaware corporation, whose <br />address is 1300 South Yale Street, Flagstaff, Arizona 86001 <br />("Assignor") to SENECA COAL COMPANY, a Delaware corporation, whose <br />address is 1300 South Yale Street, Flagstaff, Arizona 86001 <br />("Assignee"). <br />Assignor, in consideration of Ten Dollars and other valuable <br />consideration ($10.00+) paid by Assignee, the receipt and suffi- <br />ciency of which are hereby acknowledged, does ASSIGN AND TRANSFER <br />to Assignee, and to its successors and assigns, forever, all of <br />Assignor's right, title and interest in and to that certain <br />Easement Deed ("Easement") from HOCRETT FARMS, a Colorado general <br />partnership, dated September 21, 1994, recorded in Book 701, at <br />Page 506 and which embraces certain real estate located in Routt <br />County, State of Colorado, which is described as follows: <br />Township 6 North. Rance 87 West. 6th P.M. <br />Section 29: NWZW2SE;SE; <br />Assignee accepts the foregoing assignment and hereby assumes <br />and agrees to pay and discharge all obligations and liabilities <br />of Assignor under the Easement. <br />Assignor hereby warrants and agrees to defend said land and <br />rights herein assigned to Assignee against every person whomsoever <br />lawfully claiming or to claim the same or any part thereof. <br />IN WITNESS WHEREOF, said Assignor and Assignee have executed <br />this Assignment as of the day and year first above written. <br />ASSIGNOR: <br />ATTEST: HAYDEN GULCH TERMINAL, INC., a <br />Delaware corporation <br />President <br />ASSIGNEE: <br />r, <br />L_J <br />ATTEST: <br />260-088 <br />SENECA COAL COMPANY, a Delaware <br />corporation <br />Vice-President <br />