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<br />Documentary Fee
<br />Date / 3) y7
<br />WARRANTY DEED s . ,u-vNR.~
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<br />THIS WARRANTY DEED is made effective the C day of January, 1997, by and
<br />between PAUL A. SWISHER, a single man, with an address at 2701 West Avenue,
<br />Burlington, Iowa 52601 (hereinafter referred to as "Grantor"), and CYPRUS WESTERN
<br />COAL COMPANY, a Delaware corporation, with an address at 29587 Routt County
<br />Road #27, Oak Creek, Colorado 80467 (hereinafter referred to as "Grantee"1•
<br />WITNESSETH, THAT, Grantor, for and in consideration of the sum of One Dollar
<br />(51.00) and other good and valuable consideration, the receipt and sufficiency of
<br />which are hereby acknowledged, does hereby grant and convey unto the said
<br />Grantee, and to its successors and assigns forever, all of Grantor's right, title,
<br />interest, claim and demand, both at law and in equity, of, in and to the Wadge seam
<br />of coa/, including any and all coa/bed methane gas which maybe removed incidental
<br />to the mining and removal of the Wadge seam of coal (the "Coal"J, and any other
<br />form of gas that may reside in the void left by mining, together with a// the mining
<br />rights and other property rights and privileges connected therewith, in and underlying
<br />that certain tract or parcel of land (the "Land") located in the County of Routt, State
<br />of Colorado, as further described in Exhibit "A" attached hereto and made a part
<br />hereof.
<br />TOGETHER WITH all of the rights, privileges and franchises thereunto incident, and
<br />all and singular the hereditaments and appurtenances thereunto belonging, or in
<br />anywise appertaining, and the reversion and reversions, remainder and remainders,
<br />rents, issues and profits thereof; and all the estate, right, title, interest, claim and
<br />demand whatsoever, of the said Grantor, both in law and in equity, of, in and to the
<br />above described Coal in and underlying the Land, with the hereditaments and
<br />appurtenances.
<br />TOGETHER WITH, to the extent now owned by Grantor, the right to use as much of
<br />the surface and subsurface of the Land as may be found necessary, useful or
<br />convenient in carrying out the purposes of Grantee's underground mining operations
<br />in accordance with the methods adopted by Grantee nor shall Grantee be required to
<br />leave or provide subjacent or lateral support for the overlying strata or surface or
<br />anything located thereon, therein or thereunder.
<br />TOGETHER WITH, to the extent now owned by Grantor, the free and uninterrupted
<br />right-of-way under said Land at such point or points and in such manner and at such
<br />times as the Grantee, its successors and assigns, may desire for the purpose of
<br />digging, mining, removing and carrying away all or any portion of the Coal in and
<br />underlying the Land; and with the right to dig, mine, remove and carry away under
<br />the said Land any adjoining or other coal now owned or that may hereafter be
<br />cowd.004AtQ - 1 -
<br />473633 R-729 P-743 01/31/1997 12:54P PG 1 OF 4 REC DOC
<br />Fey IVeinland Routt Count' Clerk t` Recorder 21.00 0.00
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