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" .~ <br /> <br /> <br />BILL OF SALE AND A6REEl~IiY <br />THIS AGREEMENT made this /~_ day of /"(dY 194]7, by and between <br />THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, herein <br />called "Railroad", and MOUNTAIN COAL COMPANY, a Delaware corporation, 555 <br />Seventeenth Street, Denver, Colorado 80202, herein called "Buyer". <br />1. In consideration of payment of the sum of Five Hundred and No/100 Dollars <br />(5500.00), plus all applicable sales taxes, bq Buyer to Railroad, Railroad hereby <br />sells by Buyer the personal property (the "Property") described on Exhlblt "A" <br />hereto. The term "Property" as used herein shall include the plural thereof Sf more <br />than one Stem of personal property is the eub~ect hereof. <br />2. NO WARRANTY IS MADE BY RAILROAD TO BUYER, EITHER EXPRESS OR IMPLIED, AS <br />TO THE CONDITION OR MERCHANTkBILITY OF THE PROPERTY OR ITS COMPONENT PARTS OR THE <br />FITNESS THEREOF FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE. BUYER REPRESENTS <br />THAT BUYER HAS EXAMINED SAID PROPERTY AS FULLY AS BUYER DESIRES, IS FAMILIAR WITH <br />AND ACCEPTS THE SAME IN ITS PRESENT CONDITION, AS-IS, WHERE-IS, AND WITH ALL FAULTS <br />AND ASSUMES ALL RISKS INCIDENT THERETO. <br />3. The land (the "Land") upon which the Property is located as well as the <br />railroad track serving and going through the Property remains under the ownership <br />of the Railroad. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as <br />of the daq and year first herelnabove written. <br />RAILROAD: <br />THE DENVER AND RIO GRANDE WESTERN <br />RAILROAD COMPANY <br />BY ~• i Q/L~,Cr- <br />Yice Presi ent <br />BUYER: <br />MOUNTAIN COAL COMPANY <br />resident <br />l'c~iN"S <br />h ^. <br />