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EXHIBIT B <br />• Attached to and made a part thereof that certain Limited Term Right-of--Way Easement <br />dated , 2003 by and between Joady Boulware Perrett, Trustee and Dorothy <br />Stark Combs, Trustee and Successor Trustee under the Irrevocable Trust Agreement <br />dated Mazch 28, 1978 and Seneca Coal Company, a Delawaze corporation <br />MEMORANDUM OF AGREEMENT <br />THIS MEMORANDUM OF AGREEMENT (Memorandum) is made effective this <br />day of , 2003, and is made part of that certain LIMITED <br />TERM RIGHT-OF-WAY EASEMENT, which was made and entered into as of the <br />day of , 2003 by JOADY BOULWARE PERRETT, TRUSTEE <br />AND DOROTHY ROEMPKE COMBS, TRUSTEE AND SUCCESSOR TRUSTEE <br />UNDER THE IRREVOCABLE TRUST AGREEMENT DATED MARCH 28, 1978, <br />whose address is 700 Old Orchazd Drive, Hendersonville, North Carolina 28739, <br />hereinafter referred to as "Grantor", and SENECA COAL COMPANY, a Delaware <br />corporation, whose address is Drawer D, Hayden, CO 81639, hereinafter referred to as <br />• "Grantee".. <br />On the day of 2003 a Limited Tetm Right-of--Way Easement <br />Agreement executed by the below signed parties became effective granting an Easement <br />restricted to the Grantee's use of the Easement for its mining activities including the right <br />to construct, reconstruct, use, repair, maintain and reclaim roadways for the transportation <br />of coal, mining equipment, environmental studies, surveying activities, reclamation <br />activities, environmental monitoring activities, grading, re-grading, top soil replacement <br />and all related mining activities with such persons, machinery, equipment, appliances and <br />supplies necessary to further such mining purposes or activities. Prior to the end of the <br />term of this Easement, the roads constructed shall be reclaimed in accordance with the <br />permits, rules or regulations promulgated by the Colorado Division of Minerals and <br />Geology. <br />SECTION 1. GRANT. Grantor hereby grants and conveys to Grantee. its <br />successors and assigns, a limited term easement 200 feet wide with a legal description to <br />be supplied in accordance with Section 1 of the Limited Term Right-of--Way Easement <br />Agreement in, upon and across part of the following real property lands (the "Propem"} <br />located in Routt County, Colorado: <br />. TOWNSHIP 5 NORTH. RANGE 88 WEST, 6Ttr P.M. <br />12 <br />