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• AGREEMENT FOR SALE OF REAL PROPERTY ~~Z~ - ~~/ THIS AGREEMENT FOR SALE OF REAL PROPERTY ("Agreement") is made and entered into as of the 2,~4 day of August, 1995 by and between AXIAL BASIN RANCH COMPANY, a Delaware general partnership ("ABR"), and H-G COAL COMPANY, a Delaware general partnership ("H-G" and referred to herein together with ABR as the "Seller"), and PEABODY DEVELOPMENT COMPANY, a Delaware corporation ("Buyer"). RECITALS facts: This Agreement is made with respect to the following A. Seller owns the real property. located in Routt County, Colorado, consisting of approximately 14,200 acres as more particularly described on Exhibit A attached hereto.-and by this reference made part hereof (the "Land"). B. The Land, together with all improvements thereon and all appurtenances thereto, and together with any Water Rights (as hereinafter defined), are referred to herein collectively as the "Property". As used herein, the "Water Rights" shall mean any and all water rights and conditional water rights that are appurtenant to or that have been used or are intended for use in connection with the Land, including, without limitation, (i) any and -all ditch, well, pipeline, spring, storage, and reservoir rights, whether or not adjudicated or evidenced by any decree, permit, certificate, stock, or other document, (ii) all rights with respect to non-tributary ground water (and other ground water that is subject to the provisions of Colorado Revised Statutes Section 37-90-137(4) or the corresponding provisions of any successor statute) underlying the Land, (iii) any permit to use or construct any water well, and (iv) any decreed or pending plan of augmentation or water exchange plan. C. Various portions of the Property are subject to certain unrecorded leases, licenses, and other agreements which grant third parties the right use portions of the Property for purposes of wildlife ranching, hunting, grazing, farming, and other similar and related uses (the "Agricultural Leases"). A list of the Agricultural Leases is set forth on Exhibit B attached hereto and by this reference made part hereof. D. A portion of the Land containing approximately 1,280 acres located at the east end of the Land as more particularly described on Exhibit C attached hereto and by this reference made part hereof (the "Mined Land") has been used for coal mining and related purposes and is currently subject to certain reclamation obligations (the "Reclamation Obligations"). G:IDATA\PUBL\bMRA\D469210.3 August 1. 1995 d:00pm