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<br />$tlHFACE MINING COA~LEA;iE
<br />This Memorandum Agreement for Surface Mining Coal Lease ('Memorandum'), made as of
<br />the 6th day of December, 1993 ('Lease Date') by and between ERNEST M. LLOYD and A.
<br />ROSELLA LLOYD and MARY R. BOLENDER and HARRY C. LLOYD ('Lessor', whether one or
<br />more), with address at c/o HARRY C. LLOYD 11432 JONES ROAD, BERRIEN SPRINGS,
<br />MICHIGAN 49103-9659, and WESTERN FUELS-COLORADO, LLC, a Colorado Limited Liability
<br />Company ("Lessee'). It is the intent of the parties to this Memorandum that this document serve
<br />as a recordable Memorandum giving lull notice of that Surface Mining Coal Lease dated as of
<br />October 20, 1993 and granted by Lessor to Lessee ("Coal Lease°).
<br />It is agreed:
<br />I • 1
<br />1. -.r nt of ea e. Lessor hereby leases unto Lessee, its successors and assigns, upon
<br />the terms and conditions set forth in this Memorandum and the Coat Lease, the coal mineral
<br />deposits ('Coal') located in, on and under the following described land in Montrose County,
<br />Colorado:
<br />W'/eSE'/s Sec. 36 T47N R16W N. M.P.M.
<br />containing 80 acres, more or less, (the `Property') together with all rights and privileges to conduct
<br />surface, auger and/or underground mining activities and related operations.
<br />2. Term. This Lease shall be in effect for twenty (20) years commencing on the Lease
<br />Date stated above. Lessee shall have the right at any time, upon at least thirty (30) days advance
<br />written notice to Lessor, to terminate this Lease effective on December 31 of any year.
<br />3. a .ial R'ghtc of ca .a, to addition to whatever rights Lessee may have by
<br />implication of law hereunder, Lessor specifically grants to Lessee (to the Lull extent Lessor is entitled
<br />to grant such rights) the following exclusive rights ('Rights'):
<br />(a) to drill, take core samples, survey, map and otherwise evaluate the Coal, and to
<br />perform environmental and cultural resource studies;
<br />(b) to mine, extract, remove, process, own, market or otherwise use the Coal, including
<br />mining by the strip, auger andJor any other methods now or hereafter in existence, without any
<br />liability to Lessor for any current or future damages (including surface support and damage or loss
<br />to other minerals or strata) to Lessor's estate;
<br />(c) of free access to, in, from and across the Properly and the right to install, maintain,
<br />use and change buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all kinds,
<br />pumping stations, pipelines, power lines, ditches, storage facilities, substations, excavations, pits,
<br />openings, stock piles, mine refuse disposal areas, drains, dams, ponds, natural and/or artificial water
<br />•) courses and any other facility; and
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