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/_ f ~ ~:• _- III 1111111111111 III R~ ~'^„~.. , J(/~~N ~ ~~~~ REAL AND PERSONAI, PROPERTY D/y , ~y9~99s Rimrock Coal Co., a Colorado corporation ('Rpimrockr'~),~Glupg~Qy Gloria Davis ('Davis'), Geoffrey Waters ('Waters'), Landmark Reclamation, Inc. ('Landmark') and Fishers Peak Land Coaq~any ('Fishers') enter into this Agreement for Purchase and Sale of Real and Personal Property (the 'Agreement') effective this 18th day of May, 1994. RECITALS 1. Davis is the sole officer, director and shareholder of Rlmrock. 2. Rimrock is the fee owner of two parcels of real property located in Las Animas County, Colorado, known as the Engleville Tract and the Engleville Tract SI (collectively, the 'Property'), as more fully described in Exhibits A, B and C hereto. 3. Landmark has performed certain mining and reclamation activities on the Property pursuant to a Contract Mining Agreement (the 'Mining Agreement') dated October 27, 1992 by and between Rimrock and Landmark. 4. Rimrock, Davis and Waters desire that none of them haven any liability for the Property or any activities conducted thereon. 5. Rimrock desires to sell the Property to Fishers, or to one or more designees of Fishers. 6. Davis desires to sell to Landmark a coal crusher (Eagle model CLP-100H, VIN 10150) (the 'Crusher'). IN CONSIDERATION for the promises set forth below, the parties agree as follows: 1. Closing. The closing on this Agreement (the 'Closing') shall occur at noon on May 18, 1994 at the offices of Hamilton and Faatz, 1600 Broadway Suite 600, Denver, Colorado 80202. 2. Purchase Price for the Property. The total purchase price for the Property shall be U.S. $64,500.00 (the 'Purchase Price'), and shall be paid to Landmark. The Brice shall be paid $5,000.00 in cash, certified funds or attorney trust account check upon execution and the balance in cash, certified funds or attorney trust account check at the Closing. Upon receipt of the $5,000.00 payment referenced in the previous sentence, Landmark shall return to Dochter Lumber & Sawmill, Inc. (•Dochter•) the encashed corporate check for the Purchase Price that Dochter provided to Landmark on August 18, 1993.