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. PURCHASE AGREEMENT III IIIIII~IIIIIIIII
<br />THIS PURCHASE AGREEMENT (the "Agreement") is made and entered into effective
<br />the ~ day of August, 1996, by and between PAUL A. SWISHER, a single man, with
<br />an address at 2701 West Avenue, Burlington, Iowa 52601 (hereinafter referred to as
<br />"Seller"), and CYPRUS WESTERN COAL COMPANY, a Delaware corporation, with an
<br />address at 29587 Routt County Road #27, Oak Creek, Colorado 80467 (hereinafter
<br />referred to as "Buyer"1.
<br />WITNESSETH:
<br />WHEREAS, Seller desires to sell and Buyer desires to purchase and receive all right,
<br />title and interest owned by Seller in and to the Wadge seam of coal underlying all that
<br />certain tract or parcel of land (the "Land") containing 160.00 acres, more or less,
<br />located in the County of Routt, State of Colorado, as further described in Exhibit "A"
<br />attached hereto and made a part hereof, and subject to the terms and conditions
<br />contained herein.
<br />NOW, THEREFORE, in consideration of the mutual covenants, obligations and
<br />agreements contained herein, the parties hereby agree as follows:
<br />1. Property Included in Sale: All of the Seller's right, title and interest in and to the
<br />Wadge seam of coal, including any and all coal bed methane gas which may be
<br />removed incidental to the mining and removal of the coal (the "Coal"-, and any
<br />other form of gas that may reside in the void left by mining, together with all the
<br />mining rights and other property rights and privileges connected therewith; the
<br />right to use as much of the surface and subsurface of the Land as may be found
<br />necessary, useful or convenient in carrying out the purposes of Buyer's
<br />underground mining operations in accordance with the methods adopted by Buyer
<br />nor shall Buyer be required to leave or provide subjacent or lateral support for the
<br />overlying strata or surface or anything located thereon, therein or thereunder; to
<br />the extent now owned by Seller, the free and uninterrupted right-of-way under
<br />said Land at such point or points and in such manner and at such times as the
<br />Buyer, its successors and assigns, may desire for the purpose of digging, mining,
<br />removing and carrying away all or any portion of the Coal in and underlying the
<br />Land; the right to dig, mine, remove and carry away under the said Land 'any
<br />adjoining or other coal now owned or that may hereafter be acquired by the
<br />Buyer, its successors and assigns, including the right to construct and maintain
<br />ways or passages under the said Land for the transportation, transmission or
<br />conducting of any and all supplies and other things which the Buyer, its
<br />successors and assigns, may desire to use in digging, mining, removing and
<br />carrying away said Coal or any adjoining coal or other coal now owned or that
<br />may hereafter be acquired by Buyer, its successors and assigns; and
<br />Together with all of the rights, privileges and franchises thereunto incident, and
<br />all and singular the hereditaments and appurtenances thereunto belonging, or in
<br />anywise appertaining, and the reversion and reversions, remainder and
<br />remainders, rents, issues and profits thereof; and all the estate, right, title,
<br />interest, claim and demand whatsoever, of the said Seller, both in law and in
<br />copurch.00171tg - 1 - Paul Swisher Purchase Pareement
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