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~riGM :. _.-i:OZr7 ~e5: yr'S =. '.dr_~ =~Chc `C. 52c c'-~j ;~~o ;dn. ~? .~`.=o dS: ~2Ftt P2 <br />`~ <br /> <br /> <br />• <br />~~ <br />r f" Y~ Ji <br />~~~ <br />MEMORANDUM OF COAL LEASE AGREEMENT <br />., <br />7HIS MEMORANDUM OF COAL LEASE AGREEMENT, dated eNective the 1st day of <br />November, 1996 is by and between MGP ENTERPRISES, a Colorado limited partnership, <br />whose eddreas is 10050 W. 29th Avenue, Denver. Coloreds 80216, F.R. HILL JR, dlb/a F.E. <br />HIII Company, whose eddreas is P. 0. Box 226, Fairfield. Texas 75840, and B.F. HILL d/b/e <br />Hitt Ranh, whose address is Aoute 1. Bnx 23RC. Glen Rase Taxes 76063 (collectively, the . <br />"Hills") (the Hills and MGP are collectively referred to herein es "Lessor' or "Lessors'), end <br />A. P. MAXWELL DEVELOPMENT COMPANY, LLC, an Indiana limited liability company <br />(`Maxwell'), whose address is 1311 Kentwood Drive, Evansville, Indiana 47711. <br />Lessors, in consideration of the covenants and agreements contained In that certain <br />unrecorded Coal Lease Agreement (the "Agreement"1 dsted effective the 1st day of <br />November, t 99b, leased and let unto Msxwell certain lands lthe 'Lands') as further described <br />on Exhibit "A", attached hereto and made a part hereof, for the purpoea of exploring, <br />developing, mining, removing, preparing and Inading ell of the coal from the surface to a depth <br />of 5,000 feet above mean sea level lying in, under and upon the Lands, during the term of the <br />Agreement and subJect to limitetiona and conditions therein, along with the right to use certain <br />surface water and groundwater rights (the "Water Rights") located both on and off the Lands <br />deaerlbed in the Agreement. , <br />The Lands and the Water Rights ere subJect to all of the terms and conditions of the <br />Agreement, reference to which may be made for a complete statement of rights and <br />obligations of Lessor end Maxwell. Should there be any discrepancy between this <br />Memorandum of Coal Lease Agreement and the Agreement, the Agreement shell control. <br />The term of the Agreement shall be for a period of thirty-three (331 years end shall commence <br />on the effective date of the Agreement end shall continue until 12:00 midnight on the 31st <br />day of October, 2028, or for so long thereafter as Maxwell produces coal from the Lends. <br />Copies of the Agreement may be found at the above indicated eddreesea of the parties. <br /> <br /> <br />All the terms, conditions and covenants of the Agreement shell be binding upon end shall inure <br />to the benefit of the successors and assigns, regpactiveiy, of each of the parties hereto. <br />IN WITNESS WHEREOF, Lessors and Maxwell have executed this Memorandum of Coal Leese <br />Agreement effective the data first above written. <br />• _ <br />1 <br />