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<br />Southwestern Public Service Company, a
<br />("SPS").
<br />WITNESSETH:
<br />I.
<br />QUITCLAIM DEED
<br />New Mexico corporation
<br />That, for and in consideration of the sum of Ten Dollars
<br />(E10) and other good and valuable consideration, the receipt, adequacy
<br />and sufficiency of which is hereby acknowledged, the Grantor does
<br />hereby remise, exchange, release, deliver and quitclaim unto the
<br />Grantee and its successors and assigns forever, to the full extent of
<br />the rights of the Grantor therein, the following:
<br />THE ENTIRE FEE ESTATE A~iD ALL OTHER RIGHTS,
<br />TITLES AND INTERESTS of the Grantor in the Properties, owned is
<br />fee by the Grantor, together with all appurtenances, easements, rights
<br />and estates oP the Grantor in and to the Coal Properties, to the Pull
<br />extent of the rights of the Grantor therein, as ;;eaerally described in
<br />Exhibit A-2 hereto, SUBJECT TO all existing liens, claims,
<br />encumbrances, rights of way and easements for and agreements
<br />concerning highways, roads, streets, alleys, railroads, water rights,
<br />ditches, canals, reservoirs, pipelines, powerlines, transmission Imes,
<br />and other utilities, royalties and all other adverse interests, whether
<br />recorded or not, as of the date hereof, except as otherwise provided
<br />herein.
<br />TO HAVE AND TO HOLD the said Properties and interests is
<br />the Properties herein granted to the Grantee and its successors and
<br />assigns.
<br />II.
<br />ASSIGNMENT
<br />That, for the same consideration as hereinabove set forth,
<br />the receipt, adequacy and sufficiency of which is hereby
<br />acknowledged, the Grantor does hereby assign, transfer and set over
<br />unto the Grantee and its successors and assigns forever, to the !ull
<br />extent oP the rights of the Grantor therein, the following:
<br />THE ENTIRE LEASEHOLD ESTATE OF THE GR?.1~iTOR is the
<br />• Coal Properties, including all leases, leasehold rights, mineral rights,
<br />royalty interests, rights to production payments, production royalties
<br />and working interests, together with all other contract rights, causes
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