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• AMENDED AND ASSIGNED <br />RIGHT-OF-WAY 2278, Book 22 <br />THIS AGREEMENT, between the STATE OF COLORADO, acting by the STATE BOARD OF LAND <br />COMMISSIONERS (State Land Board) and HAYDEN GULCH TERMINAL, INC., a Delaware Corporation, (and a <br />subsidiary of Peahody Holding Company, Inc-) 1300 South Yale, Flagstaff, Arizona, 86004 (Grantee er Assignee) <br />and H-G COAL COMPANY, 5731 State Highway 13, Meeker, Colorado 81641 (Assignor) amends and assigns <br />Right-Of-Way 2278, Book 22 as described below: <br />WITNESSETH <br />WHEREAS, Right-of-Way 2278, Book 22 was issued to H-G Coal Company on April 27, 1978; and <br />WHEREAS, Assignor and Assignee applied to assign Right-of-Way 2278, Book 22 to Assignee; and <br />WHEREAS, as part of the assignment the original right-of-way will be entirely replaced with the terms and <br />conditions set forth below within this Amended Right-af•Way. <br />• NOW, THEREFORE, the State Land Board, in consideration of the premises, and in the consideration of the sum <br />of Twelve thousand eight hundred thirty-eight and 751100 Dollars 4512,638.751 grants unto the Grantee, a <br />right-of-way for a fifteen (15) year term beginning December 9, 1992 for the purpose of constructing, <br />reconstructing, operating and maintaining a railroad spur, a coal loadout and facilities appurtenant thereto, upon, <br />over, under and across the surface of those certain portions of school lands described as follows: <br />In the Northwest One-quarter of the Northwest One-quarter <br />(NW 114 NW 1141 of Section Fourteen lSec. 141, Township Six North (T. 6 N.1, <br />Range Eighty-eight West IR. 88 W.1, of the Sixth Principal Meridian (6th P.M.I, <br />Routt County, State of Colorado; <br />Beginning at a point en the west houndary of said Sec. 14, which <br />point bears South 00° 16' 53" East a distance of 334.12 feet from the <br />northwest corner of said Sec. 14; <br />Thence on a curve to the left an arc distance of 222.19 feet to a <br />point, said curve having a radius of 5629.65 feet, a central angle of 02 ° 15' <br />41" and a chord which hears South 45° 13' S4" East a distance of 222.18 <br />feet; <br /> <br />ROW 2278-22 - 1 - <br />