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property of Lessor which will, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but <br />failure of Lessor to remove same after having had at least ninety (90) days to do so, then Lessee may <br />at its expense, but without any Ilabilily to Lessor remove or destroy same. <br />4. Successors. Ail covenants, lama and conditions of the Lease shall run with the land <br />and shad be binding upon and inure to the benefd of the heirs, administrators, executors, successors <br />and assigns of the parties to this Memorandum. <br />r~ <br />L.J <br /> <br />5. Effect of Agreement. This Memorandum Agreement for Coal Mining Lease is <br />subject the terms and provisions of the Lease, and shall not be construed as a change, modification. <br />amendment or enlargement of said Lease. <br />6. Coal Mining Lease. An original copy of the Lease is maintained at the offices of <br />Lessee and more information concerning ft may be requested by contacting Western Fuels <br />Association, Inc., P.O. Box 33424, Westminster, CO 80233. <br />IN WITNESS WHEREOF, Lessor has carefully read all of the provisions stated in this <br />instrument, and, as of the date and year first set forth above, has executed and delivered this <br />Memorandum Agreement to Lessee. <br />WESTERN FUELS-COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />BY ~-~'~ <br />STATE OF Q) <br />COUNTY OF,j~) <br />The foregoing instrument wa acknowledged before me this ~iay of~yt~7etZ , 1998 <br />by~rl~ ~2~i4mT ].^.!ut ~ , as~I/1~OrY1~' of Westem Fuels-Colorado, A Limited Liability <br />Company. <br />Witness my hand and official seal. <br />My Commission expires:S~p~.r,~~/u-~ /a?, aDUO <br />LESSOR:`' ~E <br />~~ ~~~""r`"' <br />FRANK MORGAN <br />STATE OF Colorado 1 <br />Notary Public <br />CARIA I TURNER <br />rJOtory public <br />State of Cobrado <br />COUNTY OF *fontrose ) 1 I II'll~ "III "III' II'III'lll'I"II I~"I III I'lll IIII I"~ <br />643008 Oi/li/1W6 63~20P 0070 P612 fltLl0 <br />3 of 4 R 21.60 0 6.66 N 6.06 CLKiIIEC MONTROSE CO <br />