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en(IK 875PA436 FtECCSrXD T 12:U E.F MOOLP—LI
<br />MEMORANDUM AGREEMENT
<br />1 •
<br />FOR
<br />COAL MINING LEASE AND OPTION
<br />This Memorandum Agreement for Coal Mining Lease and Option ( "Memorandum "),
<br />made as of day of 42 r-e , 1994 ( "Lease Date ") by and between JAMES R.
<br />MARTIN and MAIRELLEN W. MARTIN, as joint tenants, 1042 LAKESIDE COURT, GRAND
<br />JUNCTION, COLORADO, ( "Lessor "), and WESTERN FUELS- COLORADO, LLC, a Colorado
<br />Limited Liability Company ( "Lessee "), 405 URBAN STREET, SUITE 305, LAKEWOOD,
<br />COLORADO 80228. It is the intent of the parties to this Memorandum that this document
<br />serve as a recordable Memorandum giving full notice of that Coal Mining Lease and Option
<br />dated as of r. 6,. 1994 and granted by Lessor to Lessee ( "Coal Lease ").
<br />It is agreed:
<br />1. Grant of Lease Lessor hereby leases unto Lessee, its successors and assigns,
<br />upon the terms and conditions set forth in this Memorandum and the Coal Lease, the coal
<br />mineral deposits ( "Coal ") located in, on and under the following described land in Montrose
<br />County, Colorado:
<br />ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY SITUATE
<br />WITHIN LOTS 3 AND 4 OF SECTION 31, TOWNSHIP 47 NORTH, RANGE 15 WEST,
<br />N.M.P.M., TO -WIT:
<br />COMMENCING AT A POINT ON TOWNSHIP LINE WHERE
<br />SOUTHWEST CORNER OF SECTION 31,TOWNSHIP 47NORTH,
<br />RANGE 15 WEST, NEW MEXICO PRINCIPAL MERIDIAN, BEARS
<br />WEST 1062 FEET, THENCE NORTH 1058 FEET, THENCE
<br />SOUTH 53 DEGREES 20 MINUTES EAST 92 FEET, THENCE
<br />SOUTH 74 DEGREES 15 MINUTES EAST 90.5 FEET, THENCE
<br />SOUTH 72 DEGREES 45 MINUTES EAST 122 FEET, THENCE
<br />NORTH 16 DEGREES 30 MINUTES EAST 357 FEET, THENCE
<br />NORTH 70 DEGREES 30 MINUTES WEST 407 FEET, THENCE.
<br />NORTH 1243 FEET, THENCE EAST 1062 FEET, THENCE SOUTH
<br />2640 FEET TO TOWNSHIP LINE, THENCE WEST ALONG
<br />TOWNSHIP LINE 1062 FEET TO PLACE OF BEGINNING, EXCEPT
<br />THAT PART DESCRIBED AS FOLLOWS:
<br />A TRACT OF LAND IN LOT 4, SECTION 31, TOWNSHIP 47
<br />NORTH, RANGE 15 WEST, NEW MEXICO PRINCIPAL MERIDIAN'
<br />DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF
<br />SAID SECTION 31, THENCE EAST 1062 FEET, THENCE NORTH
<br />1058 FEET TO POINT OF BEGINNING, THENCE SOUTH
<br />53 DEGREES 20 MINUTES EAST 92 FEET, THENCE SOUTH
<br />74 DEGREES 15 MINUTES EAST 90.5 FEET, THENCE SOUTH
<br />Attachment 2.03.6 -1 -54
<br />
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