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T
<br />i•,`~ t y
<br />Recorded at o'clock _.M.,
<br />Reception No. Recorder.
<br />SPECTAT. {~-RRANTY DEED
<br />THIS DEED, Made this 18th day of May, 1994, between RIMFtOCK COAL
<br />CO., a corporation duly organized and existing under and by virtue
<br />of the laws of the State of Colorado, of the first part, and
<br />LANDMARK RECLAMATION, INC., whose legal address is 4901 South
<br />Windermere, Littleton, Colorado 80120, of the County of Arapahoe,
<br />and State of Colorado, of the second part;
<br />WI7NE,SSETH, That the said party of the first part, for and in
<br />consideration of the sum of One Hundred and no/100ths Dollars,
<br />($100.00) to the said party of the first part, in hand paid by the
<br />said party of the second part, the receipt whereof is hereby
<br />confessed and acknowledged, has granted, bargained, sold and
<br />conveyed and by these presents does grant, bargain, sell, convey
<br />and confirm unto the said party of the second part, its heirs and
<br />assigns, the following EASEMENT, situate, lying and being in the
<br />County of Las Animas and State of Colorado, to-wit:
<br />A nonexclusive easement over and across the property
<br />described in Exhibit A attached hereto (the 'Property'),
<br />for the sole purpose of gaining access to and performing
<br />mining, reclamation and related operations on the
<br />Property pursuant to Permit No. C-89-074 (the 'Permit')
<br />issued by the Mined Land Reclamation Division, Department
<br />of Natural Resources, State of Colorado (the 'Division')
<br />(or any successor or replacement permit thereto issued by
<br />the Division), and only for so long as the Permit or any
<br />successor or replacement permit thereto remains in
<br />effect. Upon the earlier of (a) 21 years from the date
<br />of this Deed, or (b) issuance by the Division of written
<br />confirmation that the Permit (or any successor or
<br />replacement thereto) has been fully released or
<br />terminated (or otherwise is no longer valid), all right,
<br />title and interest in and to this Easement shall vest in
<br />the current owner or owners of the Property.
<br />TO HAVE AND TO HOLD, the said premises above bargained and
<br />described with the appurtenances, unto the said party of the second
<br />part, heirs and assigns.
<br />And the said party of the first part, for itself and its
<br />successors, covenants and agrees to and with the said party of the
<br />second part, its heirs and assigns, the above bargained premises in
<br />the quiet and peaceable possession of the said party of the second
<br />part, its heirs and assigns against all and every person or persons
<br />lawfully claiming or to claim the whole or any part thereof, by,
<br />
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