Laserfiche WebLink
1 111111 �llll llll l� 111111111111111111 71 5998 02 / i Q 0 t 1 1 <br />02 J i t3: 200n 09:19A <br />C KRUSE, CLK &REC MONTROSE: CO LSE R 58.00 D 0.00 <br />(d) to use and to remove sand, gravel, and scoria on the New Benson <br />Property; and <br />(e) to use water rights appurtenant to the New Benson Property (e.g. <br />springs, wells, private ditches, etc. including any shares of Colorado Cooperative Water <br />Stock) as are necessary and convenient for Lessee. <br />Lessor may use the surface of the New Benson Property for farming, or any other <br />use, until Lessee selects to exercise its Rights stated above. If Lessee, in fulfillment of its <br />legal obligations to reclaim mine lands, undertakes farming activity on any portion of the <br />New Benson Property, the Lessee will cause the New Benson Property to be planted as <br />necessary, and may contract with Lessor to farm the New Benson Property to the Lessee's <br />specifications. <br />3. Title. If with respect to the New Benson Property or Rights leased and <br />granted hereunder, there should appear at any time any defect in the title of Lessor, or if <br />any of the title of Lessor shall be less in extent or legal quality than necessary to support <br />the leasehold and Rights granted herein, or should any lien or encumbrance be found on <br />the New Benson Property and /or Rights, then Lessee may, but shall not be required to, <br />undertake in the name of the Lessor (at Lessor's expense) to cure the defect, purchase the <br />required title, or cause the encumbrances to be satisfied and discharged. If in Lessee's <br />sole judgment the title to any part of the New Benson Property and /or Rights hereby leased <br />is not susceptible to quieting to Lessee's satisfaction, or if the required title cannot be <br />acquired, or if and to the extent that any lien or encumbrance thereon cannot be <br />discharged or redeemed, then Lessee may elect to mine that part of the Coal, and /or use <br />S <br />Attachment 2.03.6 -1 -78 <br />