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MEMORANDUIVI OF SURFACE USE AGREEMENT <br />THIS AGREEMENT entered into this~~day of ~u 1996("Effective <br />Date") by and behveen $erniceE.Slaight, Johnabeth Sedy;~ and Kayron Baalhorn Rhuman <br />("OWNER", whether one or more), with an address of 640 Legion Street, Craig, Colorado 81625, and <br />COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an office at 1475 Pine <br />Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and assigns, whereby in <br />consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt <br />of which OWNER hereby acknowledges, and in further consideration of the mutual covenants set forth <br />below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the purpose of <br />exploring for coal and conduct environmental monitoring and other activities associated with obtaining a <br />coal mining permit, on, under and across the following described lands located in the County of Routt, <br />State of Colorado ("Property"): <br />Township 6 North Range 88 West. 6th P 1v1 <br />Section 6: Section 6: Lots S through 16 inclusive, f 8, i9, ZO 21 and 22. <br />containing 367.86 acres, more or less <br />I. This Surface Use Asreement shall be for a three (3) year term commencing from the effective <br />dale hereof ("Primary Term'), with CLC paying to OWNER on or before the expiration of each <br />anniversary date of this Agreement, an annual rental. <br />2. All of [he rights, duties, benefits, [erms and covenants contained in this Asreement will run ~vi[h <br />the land and shall accrue to and be bindine upon the successors and assigns of the Parties for the term of <br />this Agreement and and' extension of such term. <br />WIT\ESS WHEREOF, the Parties have executed this Memorandum of Surface Use <br />Asreement as of the date first above ~vrinen. by their own hand and deed. <br />OWNER: <br />~ ~ i <br />~ ~I, . <br />c .l' ltC . i ~ . N-" <br />' Bernice„Slaisht <br />E- ~ rt <br />f(~ Johnabeth Seely t; <br />'•~ <br />u <br /> <br />Kayron Baalhorn Rhuman <br />COTTONWOOD LAND COMPANY <br />By:~y~ ~~¢i. ~~~ <br />Its: ~r~5t~1.J C <br />465051 B-723 P-363 07/31/96 01:33P PG 1 OF <br />Kay W~inland Rout County Cler4; 8 Recorder <br />TG.aI-ol <br />RE~~ DOC <br />16.00 <br /> <br />