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NA EVER <br />'NIIEREAS, Peabody Coal Coinp any, a Delaware corpora Lion with offices <br />at 1700 Sou [h Yale, Flagstaff, Arizona 86001, (hereinafter referreJ [u <br />as "Peabody") desires to obtain from T,~/ ~ ,Q .~~. <br />with address of ,(u'f~ <br />rT.-Oo.dYS•<-nhcifc~d,y.7y(hereinafter referred [o as the "Owner"), <br />as the owner of an occuoied dwelling within 700 feet of the surface coal <br />mining operations, a waiver pursuant to [he Colorado Surrace Coal Mining <br />Reclaina Lion Ac[ anJ the rules and regulations of the Colorado Mined Land <br />Reclamation Board Vroniu lga [ed pursuant thereto, namely 2 CCR 407-2. <br />NNEREAS, Owner has agreed to give to Peabody a written waiver in <br />satisfaction of the above referenced regulation of Colorado Surface Coal <br />Mining Act and related rules and regulations. <br /> <br />NON, TNEREFORE, Owner hereby knowingly waives his/her/tlie it legal <br />right [o deny olio ing operations closer than J00 feet [o any occupied <br />dwelling loco Ced upon the land awned by Owner, for and in consideration <br />of the swn of TEtI DOLLARS and u[h er good and valuahle considerations [he <br />- receipt of sufficiency of which is hereby acknowledged. This waiver and <br />consent [o coal mining operations and all related activities covers all <br />dwellings now and hereafter located upon the Owner's land, more <br />particularly described as follows: 741 Linco ln. Street, Nuc la, CO 81424 <br />IN WITNESS NNEREOF, Che undersigned has executed this NAIVER as of <br />this i/!~ day of O.-rSa.. 1980. <br />".-., E- ~~ ~ 1~ L,~ <br />ounE~d <br />GYAi'--- /i'•' <br />a Dr ~'S. <br />'•r=•~.y <br />un R <br />t7PfnES3 <br />S7ATE OF ~:..e,~r-z<.oCfc. <br />S5. <br />1 ;. <br />The foregoing ins trvment was acknowledged before me this /=?z~day of <br />fia1Y.1 .: 1988 by 7 .«. f' Lv'.-., c:._ <br />r <br />LIITIIESS my hand and official seal. <br />My commission expires ~-~~-.~~ ~ - /H ~9 . <br />STATE OF /is,~ ~ ~ _ J ) <br />ss. <br />COOIITY OF y - ~ ) <br /> <br />No tafy Pub ~c d <br />The fare~oing instrument was acknowledged before me [his oto day of <br />+,/,~~~ 1988 by ~ -..._ ./fr•..~- , i <br />NITNESS my hand and official seal. . <br />My comniss ion expires / >~ ' -~• <br />utary ru is <br />