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<br />c~ Tract 47 (part) consisting of all of <br />Lots 9,11,24,25,27,29. <br />Grantor may not use the surface of the real property set <br />forth in paragraph (b) above for agricultural purposes, pasturage <br />or other similar purposes, or any other purpose (except ingress <br />and egress from land of the Grantor adjacent to said land) without <br />the prior written permission of Grantee, which shall be denied if, <br />in the sole judgment of Grantee, such use by Grantor would jeo- <br />pardize the completion of Grantee's obligation to reclaim such <br />premises according to the Reclamation Plan filed with the Colorado <br />Land Mine Reclamation Board. <br />The herein easements are subject to the following en- <br />cumbrances: The Equitable Life Assurance Co. of America, and <br />• Phillip A., Dorcas, and William M. Jensen. <br />TO HAVE AND TO HOLD unto said Grantee, its successors <br />and assigns, together with the right of ingress and egress from <br />said land across the adjacent property of the Grantor for the <br />purposes set forth above. <br />It is further agreed as follows: <br />1. That the rights of the Grantee may be assigned in <br />whole or in pact to any parent or affiliate of ENRON COAL COMPANY. <br />2. The Grantor covenants with the Grantee that there <br />are no mortgages, liens and other encumbrances except those speci- <br />fically noted above. <br />3. That other than the Agreement attached hereto in <br />u <br />Exhibit B, this instrument contains the entire agreement of the <br />~'~~ <br />~,~I~ <br />