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• Deed of Trust to be executed by Buyer at the <br />Closing. <br />2. Reclamation Obligations. Paragraph 9 of the <br />Agreement is hereby amended to read as follows: <br />r1 <br />U <br />9. Reclamation Obligations. Both prior to and <br />after the Closing, Seller shall retain all obligations, <br />responsibilities, and liabilities relating to the <br />Reclamation Obligations, and, from and after the date <br />hereof, Seller shall use reasonably diligent efforts to <br />complete all work necessary to achieve a Release Date <br />(as hereinafter defined) as early as reasonably <br />possible. At. the. Closing,., Seller-will ,not convey to <br />Buyer, and_,Seller-'will retch in',H=G,,ttle to_'the' \ <br />Mined'Land°; provided that., on the fifth (5th) business <br />day`"""after"`the Release Date,- Buyer:,_and Seller-.shall. <br />consummate the closing (the "Mined Land Closing"),_of <br />the.'conveyance of the Mined Land from Seller to Buyers <br />At the Mined Land Closing, Seller shall convey, for no <br />additional consideration, the Mined Land (except the <br />Water Rights relating thereto) to Buyer by <br />special warranty deed in the form of Exhibit E-2 <br />attached hereto and by this reference made a part <br />hereof and shall convey the Water Rights relating to <br />the Mined Land to Buyer by quitclaim deed in the form <br />of Exhibit F-2 attached hereto and by this reference <br />made a part hereof. At the Mined Land Closing, (i) the <br />terms of Paragraphs 13, 14, 16, and 17 of the Agreement <br />shall apply with respect to the conveyance of the <br />Mined Land from Seller to Buyer as of the date of the <br />Mined Land Closing, (ii) Seller shall,, at Seller's <br />expense, cause the Title Company to deliver to Buyer an <br />unconditional written undertaking to issue to Buyer an. <br />Owners Policy in the form described in Paragraph 15(G) <br />of the Agreement insuring title to the. Mined Land in <br />Buyer in the amount of $500,000, and (iii) Seller shall <br />assign to Buyer, and Buyer shall assume, any and all <br />Agricultural Leases and Additional Documents with <br />respect to the Mined Land, and any other similar <br />agreements executed after the Closing with respect to <br />the. Mined Land, by an instrument in the form of the <br />instrument executed at the Closing pursuant to <br />Paragraph 15(E) of the Agreement. For purposes of this <br />Agreement, the Reclamation Obligations shall be deemed <br />complete on the date (the "Release Date") that Seller <br />has obtained (a) the full release of all bonds, <br />permits, agreements, and other obligations relating to <br />the Reclamation Obligations which have been posted by, <br />issued in the name of, or otherwise binding upon Seller <br />and (b) any and all consents and approvals from all <br />governmental and quasi-governmental bodies with <br />jurisdiction over the Reclamation Obligations that are <br />necessary for the release of the bonds and the full <br />-3- <br />