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.,. e <br />'' . ' ' Recorded ffi ~0'clodc ~ ~#.. 2 7 1881 <br />~, ~.:y, - -. y ~~ <br />.r. Reacption Na Kim Bonner, Recorder Routt County, CO d~ <br />~~~OS MEMORANDUM SURFACE LEASE <br />• FOR <br />COAL MINING PURPOSES <br />OZ~D- DDS <br />~ta0ac628r~002B <br />This Memorandum Lease, made as of the 4th day of November <br />1986, by and between GEORGE T. FRIEDERICH and ADOLF W. <br />FRIEDERICH, JR., an unmarried person (collectively referred to as <br />"Lessor"), and PEABODY COAL COMPANY, a Delaware corporation <br />("Lessee"); <br />IT IS AGREED: <br />1. Grant. Lessor hereby grants, demises and leases exclu- <br />sively to Lessee, its successors and assigns, certain lands <br />described in Exhibit "A" attached hereto and made a part hereof <br />• (hereinafter referred .to as the."Land"), including the surface <br />estate and any right, title and interest Lessor may have in the <br />coal mineral deposits ("coal") located in, on or under the Land, <br />for coal mining purposes. In addition to whatever rights Lessee <br />may have by implication of law hereunder, Lessor grants to Lessee <br />the following exclusive rights: <br />(a) to drill, take core samples, survey, map and otherwise <br />evaluate the coal on or under the Land and to conduct environmen- <br />tal research and studies related to coal mining operations; <br />(b) to mine, extract, remove, process, own, market or other- <br />wise use the coal, on or under the Land, including the right to <br />mine (in Lessee's exclusive determination) by surface, strip, and <br />auger and to disturb and waste the surface of the Land by mining <br />• operations and related activities; <br />