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UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT Serial No.: D-044569
<br />Date of Lease: August 30, 1934
<br />MODIFIED COAL LEASE
<br />PART I.
<br />THIS MODIFIED COAL LEASE is entered into on MAY 1 8 2006 by and between the UNITED STATES OF
<br />AMERICA, hereinafter called the Lessor, through the Bureau of Land Management, and
<br />Mountain Coal Company, LLC
<br />1 CityPlace Drive, Ste. 300
<br />St. Louis, Missouri 63141
<br />hereinafter called Lessee
<br />This modified ]ease shall retain the effective date August 30, 1934, of the original COAL LEASE D-044569, and is effective for a
<br />period of 20 years therefrom, and for so long thereafter as coal is produced in commercial quantities from the leased lands, subject to
<br />read] ustment of ]ease terms at the end of the 20th lease year (Mazch 30, 1979), and each 10-year period [hereafter.
<br />Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands Leasing Act of 1920, as amended,
<br />41 Stat. 437, 30 U.S.C. 181-287, hereinafter referzed to as the Act; and to the regulations and formal orders of the Secretazy of the Interior
<br />which are now or hereafter in force, when not inconsistent with the express and specific provisions herein.
<br />Sec. 2. Lessee as the holder of Coal Lease D-044569, issued effective August 30, 1934, was granted the exclusive right and privilege
<br />to drill for, mine, extract, remove or otherwise process and dispose of [he coat deposits in, upon, or under [he lands described below as
<br />Tract I.
<br />The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as
<br />herein se[ forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise
<br />process and dispose of the coal deposits in the B seam in the lands described below as Tract 2.
<br />Original Lease
<br />Tract 1: T. 13 S., R. 90 W., 6'" P.M.
<br />sec. 9, lots 1-3, inclusive, S'/zSW'/aSW'/a or that part of the SW'/SW'/a, -
<br />south of the North Fork of the Gunnison River; - i ~-.. _ ,
<br />sec. I5, W'/sW'/zSW'/a, (removal of coal limited to F seam located west of Sylvester Creek); -
<br />sec. 16, all; ° _ - '-
<br />sec. 21, lot 1, 3-6, inclusive, and lots 9-23, inclusive.
<br />- ~ -.
<br />1,379.76 acres, Gunnison County, Colorado. `~~
<br />.. ~_~
<br />Moditication B Seam to f~ 1
<br />vi
<br />Tract 2: T. 13 S., R. 90 W., 6th P.M.
<br />sec. 15, W'/zW'/zSW'/a.
<br />Gunnison County, Colorado
<br />Containing 1,379.76 total acres, more or ]ess, together with the right to construct such works, buildings, plants, structures, equipment
<br />and appliances and the right to use such on-lease rights-of-way which may be necessary and convenient in the exercise of the rights and
<br />privileges granted, subject to the conditions herein provided.
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