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COAL MINING LEASE <br />Made nsof the lO1aljvo{ Se 10O8("LoaseDaue"), FRANK E AND MARY I _OUmY0RGAN <br />"Le»oor, whether one vrmvrw), with address a|264yV8B27 ROAD, PO. BOX 4,NUCb\�C0 <br />u1424, for good and valuable consideration, the sufficiency and receipt u[ which iohere-by , <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 />SECTION 1: NE1MNE1A (also known us Lot i) (also known os Lot 2), <br />NE1*NW1N (also known au Lot 3).N1ON1QSWwNE1A. and m112N1m <br />SEIMNVV1/4 <br />containing 140 acres, more or less exc approximately twenty-five (25) acres of land that <br />|odvdos the area South of the Colorado Cooperative Ditch in Lot 1 , Lot 2 and the parcels of land <br />immediately South n/ the boundary o/ Lot Nos. 1 and 2, which io indicated un the map usadjoining <br />property, with al 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 attadied 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 Ubat mining will disturb. If so, Lessor wi be paid royal on all coal owned by Lessor <br />that ie mined. [Nvte: attached "consent nf Mortgagee, i(app|icab|a). <br />8Y THIS LG4SE. LESSOR INTENDS TD LEASE k] LESSEE ALL 0F LESSOR'S RIGHT, <br />TITLE AND INTEREST (N THE COAL IN, 0NOR UNDER THE PROPERTY, UPON THE TERMS <br />AND CONDITIONS STATED HEREIN. <br />Term. This Lea^e shall hpin effect for twenty (2O) years commencing un the I ease <br />Date stated above and for so long thereafter as: (a) coal is produced in commercial quantities from <br />the leased lands, (o) the Property io being reclaimed per the requirements vf the mining pa/n'|t <br />covering the Property issued by the Colorado Division of Minerals and Geology, Office of Mined Land <br />Kedomvt}n^ <br />� <br />(Revised 1-15-03) Attachment 2.05.4(2)(e)-6-2 <br />