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<br />atcsrto.t r_^ 30~_~' ~.~ <br />lre..w r~t~2J~r~~. rT~t- .Lg90 <br />wr. J fi.lrs~~ V MMr ^r.^ <br />COAL MINING LEASE <br />Tii1S COAL MINTNG LEASE (herein the 'Lease'), crttered into effxti.•e <br />~C~(~ 3 , 1990, between WILLIAM D. SWING, JR., Lessor, and OAKRIDGE <br />ENERGY, INC., a Utah wrporation, as Lessor. <br />1. Crant. in consideration of the concurrent purchase by the Lessee from the <br />f.c.sor of the entire surface estate and certain fractional interests in the mineral estate <br />in the lands defined hereinafter as the 'Erased Premises,' and for other good and valuable <br />cunsidc~tion, ,ncluding the production royalties and commitments herein agreed to he <br />paid and pcrtormcd by Lessee, Lessor herrby grants and leases to Lessee an undivided <br />c•nc-fourth (1/a) interest in and to all coal in, upon or underlying the lands described <br />helow located in La Plata County, Colorado, to-wit: <br />An undivided one-half (1/2) interest in and to Lots 1, 2, 7, 8 and 9 of <br />Section 32, Township 35 North, Range 9 West, N.M.P.M.,La Plata County, <br />Colorado, lying and being Easterly of old U.S. Highway 550-160 <br />ANI) <br />An undivided one-half (]/2) interest in and to al] that portion of the <br />Sl:l!<SE1/4 of Section 29, Township 35 North, Range 9 West, N.M.P.M.,La <br />P1;,ta County, Colorado, which lies South of the South Bank of Horse Gulch <br />Ihcrcinaftc: the 'Ecased Premises'), together with the tight to explore for, mine (by open <br />nit, underground, scrip, auger or any other method), transport, remove and market all <br />coal leased herein; and to the extent Lessor haz or may have the right and title Io grant <br />Y' <br />a,td Icase such rights, the right to use az much as the surfact of d:c Leased Premises as <br />may he necessary or reasanahly convenient in the exercise of the rights granted by this <br />l.case, Inc?uding :he right to construct, install, locate, operate and maintain buildings, <br />shafts, pits, tunnels, roads, utilities and other improvements, machinery and eq,:ipment, <br />and dumps and stt~ckpiles of coal and waste materials produced from the leased Premises <br />during the term of Ihis Lease. <br />2. Term. The term of this Lease shall be twenty-five (25) years from ,he date <br />I,crcof, and so long therca(ter as coal is mined in good faith in commercial quantities on <br />