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.s~~oe~ < ~~~~,505 PacEL~SD4 . <br />• 4. In the event that Grantee utilizes the Property for <br />a surface mining use as contemplated in paragraph 3 above, and <br />Grantee is removing coal, excluding coal mined from the Property, <br />through a portal located on the Property, or transporting coal <br />through the Property underground as contemplated in paragraph 2 <br />above, Grantee shall pay Grantors in lieu of the wheelage royalty <br />specified in paragraph 2 above and the rental specified in <br />paragraph 3, a wheelage royalty in the amount of Ten Cents ($.10) <br />per ton of coal transported through said portal excluding coal <br />mined from the Property. <br />It is expressly agreed by the parties herein that inclusion <br />of provisions for production payments based upon the actual tonnage <br />of coal mined over and above 105,000 tons in no way creates an <br />` • implied or express covenant to develop, mine or produce coal from <br />,(rj the Property at the present time or any time in the future. <br />~ TO HA~7E AND TO HOLD the said Property above bargained <br />and described, with the appurtenances unto the said Grantee, its <br />successors and assigns forever. And the said Grantors for them- <br />selves, their heirs, executors, and administrators, do covenant, <br />grant, bargain, and agree to and with the said Grantee, its successors <br />and assigns, that at the time of the ensealing and delivery of <br />these presents they are well seized of the Property above conveyed, <br />as of good, sure, perfect, absolute, and indefeasible estate of <br />inheritance, in law, in fee simple, and have good right, full power, <br />and lawful authority to grant, bargain, sell aid Fo~ve~ the same <br />• ~ r ~.. <br />( in manner and form aforesaid, and that the same is fr~'_and•.•~lear <br />J: ~ <br />-3- <br />