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i <br /> <br />euue4;i I r.+c 66 <br />of constructing and laying fill to support said roadway and <br />to slope and grade such portions of the land necessary for the <br />construction of said roadway and to perform appropriate <br />reclamation and maintenance thereof, over, across and through <br />those portions of the NEk of the NEk of Section 22 and the Nwk <br />of the NWk of Section 21, all in Township 6 North, Range 88 <br />West of the 6th P.M., Routt County, State of Colorado, specifically <br />described in Exhibit A attached hereto. <br />This easement is appurtenant to the Sk of the SWk of <br />Section 14 and the Ey of the SEk of Section 15, all in Township <br />6 North, Range 88 C7est of the 6th P.M., Routt County, State of <br />Colorado, and is to be used in connection with the construction <br />and operation of a three million ton per year coal loadout <br />• facility which the Grantee intends to construct upon said <br />dominant estate. <br />This easement is granted upon the express condition that <br />the property described in Exhibit A shall be used solely for the <br />purposes above described, and in the event that the Grantee, its <br />successors or assigns cease to use said propezty for said purposes <br />and remove all property and equipment from said property and from <br />the property to which this easement is appurtenant, this easement <br />shall cease and terminate and title thereto shall automatically <br />revert to the Grantors, their heirs, successors or assigns. <br />This easement is expressly subject and subordinate to <br />an agreement captioned "Option for Right of Way Easement" dated <br />April 10, 1974, from Grantors to Peabody Coal Company, a corpora- <br />tion, and to any easement granted by Grantors pursuant to that <br />agreement. Grantors understand that Grantee and Peabody Coal <br />Company intend to jointly construct, use and maintain a roadway <br />on this easement, and Grantors hereby consent thereto. <br />• <br />_2_ <br />