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A T
<br />UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />COAL LEASE
<br />Serial Number c-o1264so
<br />Lease Date January 1, 1966
<br />PART1. LEASE RIGHTS GRANTED
<br />This lease, entered into by and between the UNITED STATES OF AMERICA, hereinafter called lessor,
<br />through the Bureau of Land Management, and
<br />BTU Empire Corporation
<br />701 Market Street, Ste. 700
<br />St. Louis, Missouri 63101-1826
<br />hereinafter called lessee, is readjusted, effective January 1, 2006, for a period of 10 years and for
<br />so long thereafter as coal is produced in commercial quantities from the leased lands, subject to
<br />readjustment of lease terms at the end of each 10-year lease period.
<br />Sec.l. This lease readjustment is issued pursuant and subject to the terms and provisions of the
<br />Mineral Lands Leasing Act of 1920, Act cf Eebruaxy 25, 1920, as amended, 41 Stat. 437, 30 U.S.C. 181-
<br />287, hereinafter referred to as the Act;
<br />and to the regulations and formal orders of the Secretary of the Interior which are now or hereafter in
<br />force, when not inconsistent with the express and specific provisions herein.
<br />Sec.2. Lessor, in consideration of any rents, and royalties to be paid, and the conditions and
<br />covenants to be observed as herein set forth, hereby grants to lessee the exclusive right and privilege
<br />to drill for, mine, extract, remove, or otherwise process and dispose of the coal deposits in, upon, or
<br />under the following described lands:
<br />T. 5 N., R. 91 W., 6`h P.M.
<br />sec. 6, lots 9 to 13.
<br />T. 6 N. , R 91 W. , 6`° P.M.
<br />sec.29, lots 3 and 4;
<br />sec.30, lots 7 and 9.
<br />containing 366.51 acres, more or less, together with the right to construct such works, buildings,
<br />plants, structures, equipment and appliances and the right to use such on-lease rights-of-way which may
<br />be necessary and convenient in the exercise of the rights and privileges granted, subject to the
<br />conditions herein provided.
<br />PART II.TERMS AND CONDITIONS
<br />Sec.l. (a) RENTAL RATE - Lessee shall pay lessor
<br />rental annually and in advance for each acre or
<br />fraction thereof during the continuance of the
<br />lease at the rate of $3.00 for each lease year.
<br />(b) RENTAL CREDITS - Rental shall aot be
<br />credited against either production or advance
<br />royalties for any year.
<br />Sec.2. (a) PRODUCTION ROYALTIES - The royalty
<br />shall be 12'/: percent of the value of the coal
<br />produced by strip or auger methods and 8.0
<br />percent of the value of the coal produced by
<br />underground mining methods as set forth in the
<br />regulations. Royalties are due to lessor the
<br />final day of the month succeeding the calendar
<br />month in which the royalty obligation accrues.
<br />(b) ADVANCE ROYALTIES - Upon request by the
<br />lessee, the authorized officer may accept, for a
<br />total of not more than 10 years, the payment of
<br />advance royalties in lieu of continued
<br />operation, consistent with the regulations. The
<br />advance royalty shall be based on a percent of
<br />the value of a minimum number of tons determined
<br />in the manner established by the advance royalty
<br />regulations in effect at the time the lessee
<br />requests approval to pay advance royalties in
<br />lieu of continued operation.
<br />Sec.3. BONDS - Lessee shall maintain in the
<br />proper office a lease bond in the amount of
<br />$45,000. The authorized officer may require an
<br />increase in this a.'nount when additional coverage
<br />is determined appropriate.
<br />Sec.4. DILIGENCE - The lessee is subject to the
<br />conditions of diligent development and continued
<br />operations, except that these conditions are
<br />excused when operations under the lease are
<br />interrupted by strikes, the elements, or
<br />casualties not attributable to the lessee. The
<br />lessor in the public interest, may suspend the
<br />conditions of continued operation upon payment
<br />of advance royalties in accordance with the
<br />regulations in existence at the time of the
<br />suspension. Lessee's failure to produce coal in
<br />commercial quantities at the end of 10 years
<br />shall terminate the lease, pursuant to Section 7
<br />of the Act. If not submitted already, lessee
<br />shall submit an operation and reclamation plan
<br />pursuant to Section 7 of the Act no later than 3
<br />years after the effective date of this lease
<br />readjustment.
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