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COAL MINING LEASE <br />Made as of the 1d6y of Sept . 1998 ("Lease Date"), FRANK E. AND MARY LOU MORGAN, <br />"Lessor", whether one or more), with address at 26498 BB27 ROAD, P.O. BOX 4, NUCLA, CO <br />81424, for good and valuable consideration, the sufficiency and receipt of which is hereby <br />acknowledged by Lessor, hereby leases to Western Fuels-Colorado, A Limited Liability Company, <br />a Colorado limited liability company ("Lessee"), with address at the following described land <br />("Property") and the coal mineral deposits ("Coal") located in, on and under the Property: <br />T46N R16W N.M.P.M. <br />SECTION 1: NE1/4 NE1/4 (also known as Lot 1), NW1/4 NE1/4 (also known as Lot 2), <br />NE1/4 NW1/4 (also known as Lot 3), N1/2 N1/2 SW1/4 NE1/4, and N1/2 N1/2 <br />SE1/4 NW1/4 <br />containing 140 acres, more or less, excluding approximately twenty-five (25) acres of land that <br />includes the area South of the Colorado Cooperative Ditch in Lot 1, Lot 2 and the parcels of land <br />immediately South of the boundary of Lot Nos. 1 and 2, which is indicated on the map as adjoining <br />property, with all of the rights ("Rights") to conduct mining activities as described in Section 3 of this <br />Lease (herein referred to as the "Rights"). The map is attached hereto and made a part hereof as <br />Exhibit A. It is noted that Lessor may own coal under County Roads and other rights-of-way or <br />easements that mining will disturb. If so, Lessor will be paid royalties on all coal owned by Lessor <br />that is mined. [Note: attached "consent of Mortgagee, if applicable]. <br />BY THIS LEASE, LESSOR INTENDS TO LEASE TO LESSEE ALL OF LESSOR'S RIGHT, <br />TITLE AND INTEREST IN THE COAL IN, ON OR UNDER THE PROPERTY, UPON THE TERMS <br />AND CONDITIONS STATED HEREIN. <br />1. Term. This Lease shall be in effect for twenty (20) years commencing on the Lease <br />Date stated above and for so long thereafter as: (a) coal is produced in commercial quantities from <br />the leased lands, (b) the Property is being reclaimed per the requirements of the mining permit <br />covering the Property issued by the Colorado Division of Minerals and Geology, Office of Mined Land <br />Reclamation. <br />1 ;q. glx