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M>~IMORANDUM OF SURFACE USE AGREEMENT <br /> j THIS AGREEMENT entered into this/N'day of Njr� 1996 ("Effective <br /> Date") by and between Bernice E.Slaigbt, Johnabeth Sealy;" and Kayron Baalhorn Rhuman <br /> ("OWNER", whether one or more), with an address of 640 Legion Street, Craig, Colorado 81625, and <br /> COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an office at 1475 Pine <br /> Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and assigns, whereby in <br /> consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt <br /> of which OWNER hereby acknowledges, and in further consideration of the mutual covenants set forth <br /> below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the purpose of <br /> exploring for coal and conduct environmental monitoring and other activities associated with obtaining a <br /> coal mining permit, on, under and across the following described lands located in the County of Routt, <br /> State of Colorado("Property"): <br /> Township 5 North. Range 88 West, 6th P.M. <br /> Section 6: Section 6: Lots 8 through 16 inclusive, 18, 19, 20 21 and 22. <br /> containing 367.86 acres, more or less <br /> I. This Surface Use Agreement shall be for a three (3) ,year term commencing from the effective <br /> date hereof (''Primary Term"), with CLC paying to OINNER on or before the expiration of each <br /> anniversary date of this Agreement. an annual rental. <br /> — All of the rights, duties, benefits, terms and covenants contained in this Agreement %vilk run with <br /> the land and shall accrue to and be binding upon the successors and assigns of the Parties for the term of <br /> this .Agreement and any extension of such term. <br /> LN WITNESS WHEREOF,the Parties have executed this Memorandum of Surface Use <br /> Agreement as of the date first aboee written, by their own hand and deed. <br /> OWNER: COTTONWOOD LAND COMPA-NY <br /> Bernice.Slaight Its: <br /> E <br /> C/ Johnabeth Secyly r <br /> "AW11 C+1 :n�tL�IL1 ��. 1�IIU 17L4L-- <br /> Kayron Baalhorn Rhuman <br /> y <br /> u•`_Su51 B- 723 P-363 07/31 /96 01 : 33P PG 1 OF 3 REC DOC <br /> Kay W=inland Routt County Clerk 8 Recorder 16 . 00 <br />