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6~~3v! <br />capacity as Trustee for the EXPRESS ELIZABETH ANNE EWING TRUST orated by <br />a Quit C'.aim Decd from W. D, bW1NG ar grantor to W. D. EWING, 1R. and W. D. <br />EWING, lR. as Tnistee for ELIZABETH ANNE EWING dated August I5, 1967 and <br />recorded at Reception No. 347347 of the records of the La Plata County Clerfc and <br />Recorder on September 14, 1967, and not in his individual capacity. Lessor makes no <br />warranties of title to the Lcaxd Prcmixs, either expressed or implied. <br />6. Lesser Interest. If Lessor, as Trustee for the EXPRESS EL17AL'ETH <br />ANNE EWING TRUST created by a Quit Claim Deed from W. D. EWING as grantor <br />to W. D. SWING, 1R. and W. D. SWING, ]R. as Trustee for ELIZABETH ANNE <br />EWING dated August I5, 1967 and recorded at Reception No. 347347 of the records of <br />the La Plata County Clerk and Recorder on September 14, 1967, owns less than a <br />one-fourth (1/4) undivided interest in and to the coal in, upon or underlying the Ltased <br />Premises, then the production royalty provided for herein shall be paid to Lessor only in <br />the proportions which his interests bear to the whole, undivided ownership of the coal. <br />7. Conduct of Opentloru. Lessee shall conduct all operations and maintain all <br />activities on the Leased Premises in a good, prudent and miner-like manner, in accordance <br />with normal, accepted industry standarets, and in strict compliance with all applicable <br />governmental laws, regulations, licenses and permits, including without limitation, thox <br />relating to the protection of the environment and reclamation of land. Itssee sh::'I be <br />solely responsible fer obtaining all necessary governmental licenxs, permits, certific; tes <br />and other approvals for operations to be conducted upon the Leased Premixs and <br />pursuant to this Leax. Dumps or stockpiles of waste, overburden, or ocher materials <br />produced from other lands mry not be deposited on the Leased Premises. <br />8. Records and Reports. l..essee shall keep books of account of the mining <br />and sale or other disposition of coal from the Leased Premises, such books to be of tl:~ <br />usual character kept by coal operators for such purpoxs, and which books sh ' be op'=» <br />at all times to the inspection of the Lessor or its authorized rcprexntatives. In additii•~, <br />Lessee shall provide to Lessor the following: <br />4 <br />