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+ UNITED STATES <br />DEPARTMENT OF THE INTERIOR Serial Number c-ounez <br />BUREAU OF LAND MANAGEMENT <br />COAL LEASE READJUSTMENT <br />Lease Date June 1. 1965 <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 />Mountain Coal Company, LLC <br />One City Place Dr., Ste. 300 <br />St. Louis, Missouri 63141 <br />hereinafter called lessee, is readjusted, effective .Tune 1, 2005, for a period of 10 years and for so <br />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 of February 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. 13 S., R. 90 W., 6`°P.M. <br />sec.19, lots 6, 7, 11 to 14, inclusive, 19 and 20; <br />sec.20, lots 1 to 10, inclusive, NWNE, NENW, WNW, and WSW, <br />excepting and excluding all the "C" seam coal <br />contained in lot 1, NWNE, NNW (more Specifically <br />described as beginning at the SW corner of sec. 17, <br />thence southeast to a point 300 feet due south of <br />the southwest corner of the SE of sec. 17, thence <br />along a line 50 feet north of the present Bear Coal <br />Company mine workings to the east boundary line of <br />Sec. 20, thence north along the east boundary line <br />of sec. 20 to the common corner of secs. 16, 17, 20 <br />and 21, thence west along the north boundary line of <br />sec. 20 to the point of beginning.) <br />containing 923.49 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 I Z 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 />ib) RENTAL CREDITS - Rental shall not 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'h 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. FONDS - Lessee shall maintain in the <br />proper office a lease bond in the amount of <br />$5,000. The authorized officer may require an <br />increase in this amount when additional coverage <br />is determined appropriate. <br />Sec.4. DILIGENCE - The 1e55ee is Subject to the <br />