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S'1'A'1'Ir OF COLOKAllO <br />S'1'A'1'E BOARll Ol' LANll COMM1SS10NERS <br />Department of Natural Resources <br />MODIFICATION TO PARAGRAPH 1. ADVANCE MINIMUM ROYALTY <br />AML•NDED AND RESTATED COAL MINING LEASE NO. CO 3229 <br />'1'1~31S AMENDED AND RESTATED COAL MIN]NG LEASG (the "Lease"), made in duplicate and <br />entered into this 2Rth day of October , 1996 , by and between the State of Colorado, acting through its <br />STATE BOARD OF LAND COMMISSIONERS, hereinafter referred to as Lessor, and Cvprus Western <br />Coal Comnanv 9100 Fact Mineral Circle Enelewood CO <br />80112 hereinafter referred to as Lessee: <br />W1TNL• SSETH: Lessor_ for and in considerationof the sum of ' ed <br />), receipt of which is hereby acknowledged as payment <br />of filing fee in the amount of $ _ ,first year's rent in the amount of $. , and a bonus in the <br />amount of $ _ _, and in further consideration of Lessee's agreement to pay ` , 00 Dollars <br />_) per acre annually as rental in advance of the amtiversary date of this Lease so long as this Ixase <br />shall remain in effect; and in further consideration of the temts, conditions and agreements herein and of the <br />payments of annual rentals and royalties reserved herein, to be kept and performed by T,essee, its succtssors <br />and assigns, does hereby lease to Lessee the right and privilege of exploring and prospecting for, and mining <br />of and taking of coal front the lands herein described, situated in the County of Routt , State of Colorado, <br />to-wit: <br />ADVANCE M]NIMUM ROYAL7Y - As minimum and advance royalty, without relation to the <br />amount of coal mined from the Leased Premises, Lcsscc shall-pay arutually in advance to Lessor the <br />following amounts: <br />Royalty due for coal produced from the Leased Premises shall he credited against (i) any advance <br />minitttum royalty payment under this Lease, and (ii) any unrecouped advance minimum royalty <br />Page I of 10 <br />