Laserfiche WebLink
(d) Lessee shall keep records of all coal mined by surface _._ <br />• or auger methods and sold from the Land and Lessor shall have the <br />right to inspect the records at all reasonable times. Lessee may <br />commingle the coal from the Land with coal from other lands. <br />Nothing shall be construed in this Lease as an obligation of Les- <br />see to mine any or all of the coal on or under the Land, and the <br />payment ,of royalties, when and as due hereunder, shall be con- <br />strued as full payment of Lessee's right to retain the leasehold <br />estate and all of the rights granted by Lessor under this Lease. <br />4. Title. With respect to the surface estate, Lessor rep- <br />resents and warrants to Lessee that Lessor has title to the sur- <br />face estate of the Land sufficient in extent and legal quality to <br />grant to Lessee the surface use rights specified in this Lease, <br />• and Lessor warrants quiet possession thereof, subject only to <br />those, if any, rights-of-way, easements, leases, encumbrances, <br />reservations and exceptions which are of record on the Lease <br />Date. <br />Lessee shall have the right, but not the obligation, to <br />undertake in Lessor's name to cure or remove any defect in title <br />and deduct the cost thereof from any amount which Lessee may then <br />or later owe to Lessor. If Lessor owns an interest in all or any <br />part of the surface estate of the Land less than the entire <br />interest in such surface estate, then the payments and royalties <br />herein provided shall be paid to Lessor only in the proportion <br />which Lessor's interest bears to the whole. Lessor hereby <br />releases and waives all rights of dower and all rights under and <br />• by virtue of the Homestead Exemption Laws of the state of <br />- 7 - <br />