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<br />C <br />i <br />. .. <br /> <br /> <br /> <br />over, through and across the zeal estate described herein free <br />from any charge and without the payment of any agditional con- <br />siderat'on by Lessee hereunder. <br />~~; . <br />9. If Lessors own the curface, then Lessee sha12 have the <br />right to constrvet such buildings, drainage ditches,' roads, <br />tipples, loading docks, power lines, and other structures, <br />appurtenances and improvements on the real estate described <br />herein to the extent Lessee in its sole judgment determines, <br />and Lessee shall have the right to remove al.l or any portion <br />of such improvements, structures, appurtenances and other <br />machinery, equipment and svppli~es from the real estate des- <br />cribed herein at any time prior to the expiration of six <br />months after the termination of the Coal Lease. <br />10. If the real estate described herein is encumbered by <br />a mortgage, lien or other charge, Lessee shall have the <br />right to pay •uch mortgage, lien or other charge and deduct <br />the same from the production royalties payable to Lessors <br />hereunder. <br />I1. Lessors shall pay all taxes and asaessmente levied or <br />assessed against the real estate described herein during ' <br />the term of this Coal Lease; Lessee shall pay all tares <br />and assessments levied or assessed against any improvements; <br />structvrea and appurtenances which it places on ,said real <br />estate; Lessee shall pay all taxes and assessments levied or <br />assessed against any machinery and equipment owned by Lessee <br />and located on sai$ real estate; and Lessee shall pay all <br />severance taxes imaosed on account of the removal of coal from <br />the real estate described herein. <br />12. Lessee shall hove the right to terminate t3 is Coal <br />Lease in whole or in part upon giving at least thirty (30) <br />days written notice"of such termination of the lease to <br />Lessors. In the event Lessee is in default under the terms <br />of this Coal Lease, Lessors shall give Lessee written notice <br />of such default specifying the nature and extent of such <br />default with particularity and if such default is not cured <br />by Lessee within thirty (30) days of receipt of such written <br />notice of default,~Lessors shall have th• right to termin stn . <br />this Coal Lease by giving written notice of such termination <br />to Lessee. However, Lessee may be excused from such termina- <br />tion of this lease if their failure to comply is as a result <br />of an act of God, insurrection, strike, war, or prohibition by <br />the government or any agency thereof. <br />13. Any notice required or permitted under the provisions <br />of this Coal Lease shall be given in writing and shall be <br />delivered by registered United States mail, postaoe prepaid <br />tiith return receipt requested, addressed to the party to reee <br />such notice as follows; <br />Fran7c Tlaztinez, c/o Bennie E. Y.artinez, 12150 S. 700 E. <br />Draper, Vtah 84020 <br />Benjamin R. 6 Genevieve Munoz, 5314 - 15th Ava. 5. <br />Seattle, faashington 98108 <br />Mel and Lucy D7artinez, Star Route, Box 52 <br />Pagosa Springs, Colorado 81147 <br />C. 6 F. Coal Co., Inc., Box 438 A, Rt. 1, <br />Durango, Colorado 81301 <br />or at such other address as party may specify in a written <br />-3- <br />