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EXHIBIT "B" -CONTINUED <br />conducting of any and all supplies and other things which the Grantee, its successors <br />and assigns, may desire to use in digging, mining, removing and carrying away said <br />Coal or any adjoining coal or other coal now owned or that may hereafter be acquired <br />by the Grantee, its successors and assigns. <br />TO HAVE AND TO HOLD the above described Coal in and underlying the Land with the <br />appurtenances, unto said Grantee, its successors and assigns, forever; and the said <br />Grantor, for his heirs, successors and assigns, does hereby covenant and agree to and <br />with the said Grantee and its successors and assigns that Grantor is lawfully seized <br />in fee of the aforesaid Coal in and underlying the Land; that the same are free of all <br />encumbrances except as otherwise stated below: <br />This conveyance is made under and subject to all prior oil and gas leases; all <br />prior conveyances of record of portions of the Coal underlying the Land or <br />interests in the Coal, or of any rights, titles or interests herein; existing oil and <br />gas wells; reservations of rights to drill for oil, gas, water and other minerals of <br />record; and all exceptions, reservations, conditions, rights, privileges, <br />easements, encumbrances or rights-of-way as are contained within prior <br />instruments of record affecting the Coal underlying the Land or as are apparent <br />from an inspection of the Land; and <br />that Grantor has good right to sell the same to Grantee as aforesaid; and that the <br />before conveyed Coal Grantor will warrant and defend forever. <br />IN WITNESS WHEREOF, Grantor has executed this Warranty Deed the date and year <br />first above written. <br />Paul A. Swisher <br />INDIVIDUAL ACKNOWLEDGMENT -COLORADO <br />STATE OF IOWA ) <br />1 ss. <br />COUNTY OF ) <br />re oin' instrument was <br />1996, by P. <br />Witness my hand and official seal. <br />acknowledged before me this <br />day of <br />copurch.001/Itg - 9 - Paul Swisher Purrhasw An.n.,nn... <br />My Commission expires: ~~ ~-~o <br />