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<br />DELTA COUNTY, CO 483396 02/15/9$ I1:09A Q'Cn~l)~ 38~~
<br />LELA J.McCRACKEN,RECORDER l OF 2l Ff 'v
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<br />SPECIAL WARRANTY DEED. ASSIGNMENT
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<br />AND BILL OF SALE
<br />(with reserved royalty)
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<br />THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF
<br />SALE (this ^Deed"), dated as of February 10, 1995 (the
<br />^Closina Date^), is between COORS ENERGY COMPANY, a Colorado
<br />corporation ("Grantor^), 12th and Ford Streets, Golden,
<br />Colorado 80401-1295, and BOWIE RESOURCES LIMITED, a Colorado
<br />corporation (^Grantee^), 1500 North Biq Run Road, Ashland,
<br />Kentucky 41102.
<br />FOR AND IN CONSIDERATION of $10.00 and other good and
<br />valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, Grantor hereby grants, bargains,
<br />sells, assigns and conveys to Grantee all of Grantor's right,
<br />title and interest in and to the following (the ^Assets"),
<br />with special limited warranty of title as described below, and
<br />subject to the reservations and to Grantor's right of reentry
<br />for failure of condition subsequent as described below:
<br />(a) All of the real property {including,
<br />• without limitation, all coal therein) described on Schedule
<br />~ i A), to ether with an other lands tracts or
<br />( g y parcels located
<br />in Sections 2, 3, 4, 9, 10, ll, 14, 15 and 16, Township 13
<br />South, Range 9i West of the 6th P.M. and presently owned by
<br />Grantor, excepting and reserving the land described below (the
<br />^Land"), together with (to the extent transferable) and
<br />subject to all reservations, exceptions, rights, interests,
<br />agreements, contracts, leases, permits, rights-of-way,
<br />easements, licenses, options and orders in any way relating
<br />thereto, including, without limitation, the deed of trust and
<br />security agreement from Grantee for the benefit of Grantor of
<br />even date, and all leases, licenses, easements, reservations,
<br />exceptions, interests, and other agreements described on
<br />Schedule I(B) (the "Agreements");
<br />(b) A12 of the personal property, equipment,
<br />buildings, fixtures and improvements as of the Closing Date,
<br />located on or appurtenant to the Land, or with the production,
<br />treatment, sale or disposal of coal from the Land; and
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<br />(c) Original abstracts and copies of all other
<br />files, records, data and information related to the foregoing
<br />maintained by Grantor, to the extent transfer thereof is not
<br />restricted or prohibited by contractual restriction or law,
<br />but excluding Grantor's corporate financial, employee, and tax
<br />records (the ^Records'•).
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