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10. A portion of the permit area is a rail loadout site near <br />• Loma, Colorado. The right to enter this parcel is embodied <br />in that certain lease between the Denver and Rio Grande <br />Western Railroad Company and Sheridan Enterprises, Inc., <br />dated June 1, 1978, a copy of which is attached hereto as <br />Exhibit X. Said lease was assigned to Salt Creek Mining <br />Company by that certain Assignment, Acceptance and Consent, <br />dated January 15, 1982, a copy of which is attached hereto <br />as Exhibit XI. <br />The right of Salt Creek Mining Company to enter and begin surface <br />coal mining operations in the permit area is not the subject of <br />any pending litigation. <br />• <br />n <br />U <br />Gs-3 <br />