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<br />E r.h?bit "D" to Agreement <br />dated a„=~ -~ 1981, between <br />Anchor Coal Company and Bear Coal Company <br />[COAL PROPERTIES CORPORATION letterhead] <br />May 13, 1981 <br />• <br /> <br />Anchor Coal Company <br />1536 Cole Boulevard, Suite 180 <br />Golden, Colorado 80401 <br />Gentlemen: <br />Bear Coal Company <br />Somerset, Colorado 81434 <br />The purpose of this letter is to confirm for you the <br />status of the Assignment dated September 25, 1978 and amended <br />as of January _, 1981 (the "Assignment") from Empire Energy <br />Corporation ("Empire") to Anchor Coal Company ("Anchor") of the <br />United States Coal Lease No. 052501, ddted Auguat 20, 1945 (the <br />"Lease"). Coal Properties Corporation ("Coal Properties"} <br />hereby confirms and states as follows: <br />1. That Coal Properties is the owner of all interests <br />previously owned by Empire as Assignor under the Assignment; <br />2. That all payments due from Anchor under the <br />Assignment are current.; <br />3. That Coal Properties is not aira re of any defaults <br />by Anchor under .the Assignment; <br />4. That the Assignment has not been amended since <br />January _, 1981; and <br />5. That, through the date hereof, Anchor had paid to <br />Coal Properties and its predecessors the sum of $175,000 in <br />initial and minimum advance production payments under the <br />Assignment, which sum is fully creditable against production <br />payments due under the Assignment, Coal Properties hereby <br />consents to Bear's payment of production royalties under the <br />Assignment to Anchor until Anchor has recouoed that amount. <br />You are entitled to rely on the foregoing statements <br />for purposes of concluding the agreements between you. <br />Very truly yours, <br />CORL PROPERTIES CORo ORATION <br />By: <br />i . <br />