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~zz~_ ooh <br />FIRST AMENDMENT <br />to <br />AGREEMENT FOR SALE OF REAL PROPERTY <br />THIS FIRST AMENDMENT TO AGREEMENT FOR SALE OF REAL <br />PROPERTY (this "Amendment") is made and entered into as of the <br />~~ day of September, 1995 by and between AXIAL BASIN RANCH <br />COMPANY, a Delaware general partnership ("ABR"), and H-G COAL <br />COMPANY, a Delaware general partnership ("H-G" and referred to <br />herein together with ABR as the "Seller"), and PEABODY <br />DEVELOPMENT COMPANY, a Delaware corporation ("Buyer"). <br />Recitals <br />This Amendment is made with respect to the following facts: <br />A. Buyer and Seller are the parties to the <br />Agreement for Sale of Real Property dated August 2, 1995 <br />(the "Agreement"), whereby Seller agreed to sell to Buyer, <br />and Buyer agreed to purchase from Seller, certain real property <br />located in Routt County, Colorado, as more particularly described <br />in the Agreement (the "Property"). <br />. B. Buyer and Seller now wish to amend the Agreement <br />on the terms and conditions set forth herein. <br />Agreement <br />NOW, THEREFORE, in consideration of the Agreement <br />and the obligations of the parties set forth therein, and in <br />consideration of the promises and agreements of the parties set <br />forth herein, the sufficiency of which is hereby acknowledged <br />by the parties hereto, Buyer and Seller do hereby promise and <br />agree as follows: <br />1. Purchase Price. Paragraph 2 of the Agreement is <br />hereby amended to read as follows: <br />2. Purchase Price. The purchase price for the <br />Property (the "Purchase Price") shall be <br />AND NO/100 DOLLARS ( ). The Purchase Price <br />shall be payable as follows: <br />(A) Earnest Monev DeAOSit.. Concurrently <br />with the execution of this Agreement by Buyer and <br />Seller, Buyer shall deposit <br />• AND NO/100 DOLLARS ( ) into escrow with <br />G: \DATAVPUHLUMCG\D477617.3 <br />Septcm6ec l4, 1495 3:UlPm <br />