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<br />MEMORM N- AGHEEME111
<br />FOR
<br />SUB EACE - MMMALIZAS E
<br />This Memorandum Agreement for Surface Mining Coal Lease ('Memorandum'), made as of
<br />the 6t2h day of December, 1993 ('Lease Date ") by and between ERNEST M. LLOYD and A.
<br />ROSELLA LLOYD and MARY R. BOLENDER and HARRY C. LLOYD ('Lessor', whether one or
<br />more), with address at c/o HARRY C. LLOYD 11432 JONES ROAD, BERRIEN SPRINGS,
<br />MICHIGAN 49103 -9659, and WESTERN FUELS - COLORADO LLC a Colorado Limited Liability
<br />Company ('Lessee'). It is the intent of the parties to this Memorandum that this document serve
<br />as a recordable Memorandum giving full notice of that Surface Mining Coal Lease dated as of
<br />October 20, 1993 and granted by Lessor to Lessee ( "Coal Lease'),
<br />It is agreed:
<br />1. Grant of ease Lessor hereby leases unto Lessee, its successors and assigns, upon
<br />the terms and conditions set forth in this Memorandum and the Coal Lease, the coal mineral
<br />deposits ('Coal ") located in, on and under the following described land in Montrose County,
<br />Colorado:
<br />W'/2SE% Sec. 36 T47N R16W N.M.P.M.
<br />containing 80 acres, more or less, (the "Property') together with all rights and privileges to conduct
<br />surface, auger and/or underground mining activities and related operations.
<br />2 • Tom This Lease shall be in effect for twenty 20
<br />Date stated above. Lessee shall have the right at any time, upo at least thirty (30) days advance
<br />written notice to Lessor, to terminate this Lease effective on December 31 of any year.
<br />3. Special Right of ea¢ e , in addition to whatever rights Lessee may have by
<br />implication of law hereunder, Lessor specifically grants to Lessee (to the full extent Lessor is entitled
<br />to grant such rights) the following exclusive rights ('Rights "):
<br />(a) to drill, take core samples, survey, map and otherwise evaluate the Coal, and to
<br />perform environmental and cultural resource studies;
<br />(b) to mine, extract, remove, process, own, market or otherwise use the Coal, including
<br />mining by the strip, auger and /or any other methods now or hereafter in existence, without any
<br />liability to Lessor for any current or future damages (including surface support and damage or loss
<br />to other minerals or strata) to Lessor's estate;
<br />(c) of free access to, in, from and across the Property and the right to install, maintain,
<br />use and change buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all kinds,
<br />pumping stations, pipelines, power lines, ditches, storage facilities, substations, excavations, pits,
<br />openings, stock piles, mine refuse disposal areas, drains, dams, ponds, natural and/or artificial water
<br />courses and any other facility; and
<br />Attachment 2.03.6 -1 -50
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