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<br />a3ByQiv~ ~,p,~S~~~ PIGEBl7a3 <br />and appurtenances thereto belonging, or in anywise appertaining, <br />and the reversion and reversions, remainder and remainders, rents, <br />issues, and profits thereof; and all the estate, right, title, <br />interest, claim, and demand whatsoever of the said Grantors, either <br />in law or in equity, of, in, and to the:above-bargained Property, <br />with the hereditaments and appurtenances subject to the following <br />royalty and rental reservations: <br />1. Grantee shall pay Grantors a production payment on <br />the actual tonnage, over and above the first one hundred five <br />thousand (105,000) tons of coal recovered from the Property. The <br />production payment shall be paid on a quarterly basis at a rate <br />of One Dollar and Sixty Cents ($1.60) per ton, subject to annual <br />adjustment pursuant to paray~g/,raph 2.2 of the Agreement between the <br />• parties dated uC..~, 1982. <br />/t'' / 2. ran ee shall pay Grantors a wheelage royalty in the <br />j amount of Five Cents ($.OS) per ton on any coal, excluding coal <br />mined from the Property, which is removed through a portal located <br />on the Property, or transported through the property underground <br />to a portal (other than the currently existing Orchard Valley Mine <br />portal) located elsewhere. <br />3. Grantee shall pay Grantors a rental in the amount <br />of Five Hundred Dollars ($500.00) per month in the event that <br />Grantee utilizes the Property for a mining use other than for surface <br />access, exploration, surface impacts study and monitoring, grazing, <br />or other incidental use and other than for purposes, contempleted <br />,. . <br />under paragraph 2 above during the operation of the mine. <br />l• <br />~ L:: <br />-2- <br />