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~Clrrrc,ll r,~ fi0~3_~1~~~ <br />COAL MINING LEASE <br />T1tiLS COAL )•'t1tTIING LEASE (herein the 'Leue"), entered into effective <br />©P.i ~ E~ti "5 1990, between WII.LIAM D, SWING, JR. of 316 Scenic Avenue, <br />Piedmont, California 94611 u Co-Successor Trustee, and TIit FIRST INTERSTATE <br />BANK OF DENVER, N.A., f/k/a THE FIRST NATIONAL BANK OF DENVER, a <br />National Banking Association, of 633 17th Street, Denver, Colorado 80270, as Co- <br />Successor Trustee by Virtue of Appointment by the District Court in Delta, Colorado, <br />August 9, 1976, as Lessors, and OAKR]DGE EN-ERGY, ]NC., a Utah corporation, as <br />Lessee. <br />1. Crant. In consideration of the concumnt purchase by the Lesser from the <br />„ Lessors of the entire surface estate and certain fractional interests in the mineral estate <br />in the lands defined hereinafEe az the 'Leased Premises,' and for other good and valuable <br />consideration, including the production royalties and commitments herein agreed to be <br />paid and performed by Lessee, Lessors hereby grant and lease to Lessee an undivided <br />one-fourth (1/4) interest in and to all ;.oal in, upon or underlying the lands described <br />below located in Ice Plata County, Colorado, to-wit: <br />ZpWNSHIP 35 NORTH RANGE 9 WFST N M P.M_.La ?lata County. <br />Colorado: Section 33: All <br />Section 34: Lots 1, 2, 3, 4, 5, 6, 7, 10, 11 and 12 <br />TOWNSHJP 34-1/2NORTH RANG= 9 WEST N M P M to Plata County, <br />Colorado: Section 34: Lots 3 and 4 <br />Section 33: Lots 1, 2, 3, 6, the El/2SE1/4 and the El/2SW1/4 <br />7'Ow'NSHIP 't4 NORTH RANGE 9 WEST N M P T1 La Plata County, <br />1 r• Section 4: NE1/4NWl/4, NW1/4NEI/4, SEI/4NW1/4 <br />(hereinafter the "Leased Premises'), together with the right to explore for, mine (by open <br />pit, underground, strip, auge or any other method), transport, remove and market all <br />coal leased herein; and to the extent Lessors have or may have the right and title to <br />grant and lease such rights, the right to use as much as the surface of the Leased <br />Premises as may be necessary or reasonably convenient in the exercise of the rights <br />granted by This Lease, including the right to construct, install, locate, operate and <br />;: t:x <br />~!, <br />