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• COAL MINE LEASE This Lease, dated as of the Z ~ day of February;, 19 88, is between Roy M. Davis and Betsy Davis (collectively "Lessor") , and Lillylands, Inc. ' a Colorado corpora- tion (collectively "Lessee"). R E C I T A L S A. Lessor is the owner of the surface and mineral estates in, on and under the land described on Exhibit A attached hereto and forming a part hereof, located in Montrose County, Colorado, containing approximately 3_335 acres (the "Leased Premises"). B. Lessor desires to lease all mining rights to all coal and other minerals, if any, occurring in association therewith upon or underlying the Leased Premises to Lessee. A G R E E M E N T • In consideration of the mutual promises made herein, Lessor and Lessee hereby agree as follows: ARTICLE I GR~1TL_ACCESS RIGH 1.1 Grant. For Ten Dollars ($10.00) and other good and valuable consideration paid to Lessor by Lessee, the receipt and sufficiency of which are hereby acknowledged, and of the promises and covenants contained herein, Lessor hereby leases to Lessee all mining rights and privileges pertaining to all grades and types of coal, lignite and the substances and minerals contained therein or found in association therewith, which leased minerals are hereinafter called "Coal" (but specifically excluding oil, gas, casinghead gas, casinghead gasoline, and geothermal recourses, not contained or found in association with Coal) lying in, on or under the Leased ,n Premises; together with all easements and rights-of-way • appurtenant to the Leased Premise, by subject to (a) the •~% _ Z'~4cS~ 5 subservient right of Lessor to use, lease and convey the ~• ~ ~~ ~~~~ ~ Leased Premises subject to the paramount rights and 3 °:: ~ ~ y c 1 ~ ~i 4 ~2f y~ b~,.o~9~