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(. , , f .~ , .~,~~ / ,. /~c.C[.1' /_ ,foo-0//~ 0O nan~4ct7 r..+r.t573 -~~~.e-..~ 3 ....1..2.7P.._..- ASSIGNMENT OF COAL MINING LEASE r 1 ~ - For and in consideration of Ten Dollars in hand paid and other valuable consideration, the receipt of which is hereby acknowledged, w. R. Grace b Co., a Connecticut corporation ("Grace"), hereby transfers and assigns to H-G ~ COAL COMPANY, a Delaware general partnership ("H-G"), all ' ~of~its right, title and interest in and to that certain coal ~~ mining lease dated December 31, 1977 from Robert Ward Re ubendale, Ettamarie A. Reubendale, Horace F. Amrine, Mary Alice Amrine, . Charles R. Baxter, Priscilla Coffin Baxter and Christopher O. Mo £fett, also known as C. O. Moffett, to Grace (which coal mining lease is hereinafter referred to as the 'Lease"), cover- ~I ing the following described land in Routt County, Colorado, to- wit: Township 5 North, Range 88 west of the 6th P.M. Section 31: SEI/4 described under the Independent Resurvey as Lots 11, 12, 19 and 20 of said Section 31. Grace warrants title against all persons claiming . by, through or under Grace. BY ACCEPTANCE of this assignment, H-G, for itself and its successors and assigns, agrees to perform the following covenants which shall run with the leasehold estate: (i) to keep complete and accurate records con- cerning each ton of coal mined under the Lease from below the "Sth Seam", as defined in Exhibit B to the Royalty Agreement dated January 30, 1978 (the "Agree- ment") between Grace and The flanna Mining Company ("Hanna") as recorded in the office of the Clerk and Recorder of Routt County, Colorado concurrently with the filing of this assignment and, upon request, to make such records, and all records of coal oroduced required under the Lease, available for inspection and copying by Grace and Hanna;