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_~ AD 86328 Form Approved, AVP-Law • Folder: 1459-59 Audit No: 5711869 ADOPTION AGREEMENT THIS AGREEMENT is made and entered into as of the ~ 'd day of Fc~r~ ~i' , 2004 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad") and CENTRAL APPALACHIA MINING LLC to be addressed at P.O. Box 98, Loma, Colorado 81524, (hereinafter the "Applicanf~. RECITALS: By instrument dated January 13, 1993, the Railroad and Grand Valley Coal Company entered into an agreement (hereinafter the "Basic Ageement") identified in the records of the Railroad as its Ageement No. 5711869 covering Lessee's coal storage and loading facility. Applicant represents and warrants to Railroad that Applicant has heretofore acquired (but without the consent of the Railroad) all right, title and interest, as Lessee, in and to Basic Ageement. The Railroad and Applicant now desire'to adopt the Basic Ageement as their ageement. • AGREEMENT: Article ] . ADOPTION OF BASIC AGREEMENT. Effective as of the date first herein written, the Basic Agreement including all supplements or amendments thereto (if any), which by reference is made a part hereto, is hereby adopted by the parties hereto as their Ageement. Applicant specifically agees: A. to comply with, perform and observe all of the covenants, obligations, conditions and stipulations contained in Basic Ageement to be complied with, perforated or observed by Lessee thereunder; B. to assume and dischazge any and all of the obligations, duties and liabilities imposed by Basic Ageement upon the Premises thereunder; and C. to succeed to and take the place of said Lessee therein. Effective as of the date first herein written, Part 1, Section E. USE of the Basic Ageement, shall be changed in part to read "The Premises shall be used by Lessee solely and exclusively to perform and complete reclamation as required by the Colorado Division of Minerals and Geology and purposes incidental thereto, only, and for no other purpose". , Effective as of the date first herein written, Part 1, Section F. RENT of the Basic Agreement, shall be changed in part to read "Commencing as of November 1, 2003, Lessee shall pay to Lessor as rent for the Premises ("Base Rent") the sum of ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS (51,500.00) per annum, payable annually in advance.