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UNITED STATES <br />DEPARTMENT OF THE INTERIOR Serial Number C-088199 <br />BUREAU OF LAND MANAGEMENT <br />Lease Date July 1. 1963 <br />COAL LEASE READJUSTMENT <br />PART 1. LEASE RIGHTS GRANTED <br />This lease, entered into by and between the UNITED STATES OF AMERICA, hereinafter called lessor, <br />through the Bureau of. Land Management, and <br />Seneca Coal Company <br />701 Market Street <br />St. Louis, Missouri 63101-1826 <br />hereinafter called lessee, is readjusted, effective July 1, 2003, for a period of 10 years and for so <br />long. thereafter as coal is produced in commercial quantities from the leased lands, subject to <br />readjustment of lease terms at the end of each 10-year lease period. <br />Sec.l. 'This lease readjustment is issued pursuant and subject to the terms and provisions of the <br />Mineral Lands Leasing Act of 1920, Act of February 25, 1920, as amended, 41 Stat. 437, 30 U.S.C. 181- <br />2.87, hereinafter referred to as the Act; <br />and to the regulations and formal orders of the Secretary of the Interior which are now or hereafter in <br />force, when not inconsistent with the express and specific provisions herein. <br />Sec.2. Lessor, in consideration of any rents, and royalties to be paid, 'and the conditions and <br />covenants to be observed as herein set forth, hereby grants to lessee the exclusive right and privilege <br />to. drill for, mine, extract, remove, or otherwise process and dispose of the coal deposits in, upon, or <br />under the .following described lands: <br />-6-N . ; , 6J-b-P . . <br />sec. 21, E1/2NW1/4, and SW1/4; <br />sec. 22, E1/2E1/2; <br />sec. 27, W1/2E1/2NEV:, NW1/4NE-1/4, W1/2NW1/4, and SE1/4S1/4; <br />sec. 28, E1/2NE1/4, SW1/4NE1/4, W1/2, and W1/2SE1/4; <br />sec. 32, E1/2NE1/4; <br />sec. 33, N1/2, E1/2SW1/4, and SE1/4; <br />sec. 34, NE1/4NE1/4, NW114NW114, Sl/2NW1/4, SW1/4, and W1/2SE1/4; <br />sec. 35, NE1/4NW1/4, and W1/2NW1/4. <br />containing 2,280.00 acres, more or less, together with the right to construct such works, buildings, <br />plants, structures, equipment and appliances and the right to use such on-lease rights-of-way which may <br />be necessary and convenient in the exercise of the rights and'privileges granted, subject to the <br />conditions herein provided. <br />PART II. TERMS AND CONDITIONS <br />Sec. 1. (a) RENTAL RATE - Lessee shall pay lessor <br />rental annually and in advance for each acre or <br />fraction thereof during the continuance of the <br />lease at the rate of $3.00 for each lease year. <br />(b) RENTAL CREDITS - Rental shall not be <br />credited against either production or advance <br />royalties for any year. <br />Sec.2. (a) PRODUCTION ROYALTIES - The royalty <br />shall be 12'x4 percent of the value of the coal <br />produced by strip or -auger methods and 8.0 <br />percent of the value of the coal produced by <br />underground mining methods as set forth in the <br />regulations. Royalties are due to lessor the <br />final day of the month succeeding the calendar <br />month in which the royalty obligation accrues. <br />'(b) ADVANCE ROYALTIES - Upon request by the <br />lessee, the authorized officer may accept, for a <br />total of not, more than 10 years, the payment of <br />advance royalties in lieu of continued <br />operation, consistent with the regulations. The* <br />advance-royalty shall be based on a percent of <br />the value of a minimum number of tons deter-mined <br />in the manner established by the advance royalty <br />regulations in effect at the time the lessee <br />requests approval to pay advance royalties in <br />lieu of continued operation. • <br />Sec.3. BONDS - Lessee shall maintain in the <br />proper office a lease bond in the amount of <br />$7,000. The authorized officer may require an <br />increase in this amount when additional coverage <br />is determined appropriate. <br />Sec.4. DILIGENCE - The lessee is subject to the <br />conditions of diligent development and continued <br />operations, except that these conditions are <br />excused when operations under the lease are <br />interrupted by strikes, the elements; or <br />casualties not attributable to the lessee. The <br />lessor in the public interest, may•suspend the <br />conditions of continued operation upon payment <br />of advance royalties in accordance with the <br />regulations in existence at the time of the <br />suspension. Lessee's failure to produce coal in <br />?!SP!AY #___?E_BY <br />'AN DATE 19