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inn ,c uu wtu 1r us Nn FAX N0. 3032393799 P. 03/07 <br />• UNITED STATES <br />DL'PARTMFNT OF THE INTERIOR <br />P.UAEAU OF LAND MANAGEMENT <br />MODIFIED COAL LEASE <br />Serial No. COC X53510 <br />Date of Lease: November 1, 2992 <br />PART T. <br />'PHIS MODILIED COAL LEASE iS entered into On ~ _' by and between the UNITED <br />STATES OE AMERICA, horeinafter called the Lessor, throng the Buccau of Land Management, <br />and <br />Oxbow Mtninq Tnc. <br />7901 South Park Plaza, Ste. 7.02 <br />Littleton, Colorado 80120 <br />hereinafter called Lessee. <br />This modified lease shall retain tho effective dace of November 1, 1992, oL the original COAL LEASE <br />COC 53510, and is efiect ive for a period of 20 years therefrom, and for so long thereafter as coal is <br />produced in commercial quantities from the leased lands, subject to readjustment of lease terms at the <br />end of the 20th lease year (November 1, 2012}, and each 10-year period thereaftor. <br />Soo. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands <br />Lansing Aet of 1920, as amended, 41 Stae. 437, 70 U.S.C. 181-287, hereinafter referred to as the Act; <br />and to the regulations and formal orders of the secretary o1 the Interior which are now or hereafter in <br />force, when not inconsiste;~t with the express and specific provisions herein. <br />Sec. 2. Lasscr_ as the holder of Coal Lease COC 53510, issued effective November 1, 1992, was granted the <br />exclusive rig}it and priviloge to drill for, mine, extract, remove or otherwise process and dispose of the <br />coal deposits limited to the coal recoverable by underground mining methods in the D and C coal seams in <br />the following lands described below as <br />• ra r 1: <br />T. 13 9., R. 90 W., fith P.M. <br />sec. 1, lots 14 to 19, inclusive; <br />sec. 2, lots 13 to 20, inclusive; <br />Sec. 3, lots 13, 19, 17, and LS; <br />sec. 10, lots 1 and 2, NENSE4: <br />sec. 11, lots 1 to B, inclusive; <br />sec. 22, lots 2 to 9, inclusive, SW+QIWK, and those <br />portions of SWNNE4 and SEkNWV lying north <br />of the North Fork o! the Gunnison River. <br />1339.56 acres, Gunaieon County, Colorado. <br />Tho Lessor Sn consideration of fair market value, rants and royalties to be paid, and the conditions and <br />covenants to be observed as herein sat forth, hereby grants and leases co Lessee rho exclusive sight and <br />privilege to drill for, mine, extract, remove, or otherwise process and dispose of the coal deposits <br />limited to the coal recoverable by underground mining methods in the B coal seam sn the following lands <br />described below as Tra r.[ 2: <br />T. 13 S., R. 90 W., 6th P.H. <br />see.2, lots 10 to 12, inclusive. <br />127.79 acres, Gunnison County, Colorado. <br />containi;tq 1,467.35 acres, more or less, together with the right to coastruet ^uch works, buildings, <br />plants, s[nutures, equipment and appliances and the right to use such on-lease rights^oF-way which may <br />e necessary and convenient Sn the exercise of the rights and privileges granted, subject to the <br />conditions herein provided. <br />Part II. TERMS AND CONDITIONS <br />Sac. 1.(a) RENTAL RATE - Lessee shall pay <br />Lessor rental annually and in advance For each <br />acre or fraction thereof during the continuance <br />of the lease at the rate of 53.00 for each Iease <br />year. <br />Sae. 2.(a) PRODIICTION ROYALTIES - The royalty <br />shall be B.0 percent of the value of the coal as <br />set forth in the regulations. Royalties are due <br />to Lessor the final day of the month succeeding <br />the calendar month in which the royalty <br />abligatlon accrues. <br />(b) RENTAL CREDITS - Rental shall not <br />be credited against either production oz advance <br />.royalties for any year. <br />(b) ADVANCE ROYALTIES - Opon request <br />by the Lessee, the authorized officor may accept, <br />for a total of not more than 10 cars, the <br />payment of advance royalties in lieu of continued <br />