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property of Lessor which will, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but <br />failure of Lessor to remove same after having had at least ninety (90) days to do so, then Lessee may <br />-' at its expense, but without any liability to Lessor remove or destroy same. <br />4. Successors. All covenants, terms and conditions of the Lease shag run with the land <br />and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors <br />and assigns of the parties to this Memorandum. <br />5. Effect of Agreement. This Memorandum Agreement for Coal Mining Lease is <br />subject the terns and provisions of the Lease, and shall not be construed as a change, modification, <br />amendment or enlargement of sold Lease. <br />6. Coal Mining Lease. An original copy of the Lease is maintained at the offices of <br />Lessee and more information concerning it may be requested by contacting Western Fuels <br />Association, Inc., P.O. Box 33424, Westminster, CO 80233. <br />IN WITNESS WHEREOF, Lessor has carefully read all of the provisions stated in this <br />Instrument, and, as of the date and year first set forth above, has executed and delivered this <br />Memorandum Agreement to Lessee. <br />WESTERN FUELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />BY ✓ -! <br />STATE OF <br />COUNTY OF <br />y <br />The g Instrument we acknowledged before me this ,& of , 1998 <br />b 1 1A w1. , as of Western Fuels- Colorado, A Limited Liability <br />Company. <br />Witness my hand and official seal. <br />Notary Public <br />My Commission expires:& Q/ /R a0L1D <br />LESSOR: CARU1 I TURNER <br />Notary Pubtle <br />—� n _ _ State of Colorado <br />FRANK MORGAN <br />STATE OF Colorado } <br />COUNTY OF Montrose � <br />111111111111111111 11111111111111111111119111111191111 <br />043000 00/11/1000 03r25P 0070 P012 ttiNM <br />3 of 4 R 21.08 0 0.00 N 8.08 CLKMIC MONTRIM CO <br />Attachment 2.03.6 -1 -62 <br />