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i'0010065~177
<br />Filed 9or Aecord in
<br />LRS RN1MA5, t:D
<br />81=pNpRD J. GONZNLES
<br />07-09-2t~01 Rt 0::43 p~.
<br />flT CL DEED 15•GDO
<br />Doc Fees
<br />DR Book 1006 Page 585 - 687
<br />20n1~00653177 OR 8006 P6B5
<br />QUITCLAIM DEED OF ABANDONED UtJDE GRO(IN~ORI.4N~
<br />THIS DEED, Made as of the's~ day of ~~ . ~~~ .from North
<br />Central Energy, Inc., and Basin liesources, Inc, both corporations duly organized and
<br />existing under and by virtue of the laws of the State of Colorado {"Grantors"), and
<br />Picketwire Processing, LLC, a linnited liability company duly organized and existing
<br />under and by virtue of the taws of the State of Colorado {"Grantee").
<br />WITNESS, That the Grantors, for and in consideration of the sum of One
<br />dollar arui other good and valuable consideration, the receipt and sufficiency of
<br />which are hereby acknowledged, has remised, released, granted, rnnveyed, and
<br />QUITCLAIMED, and by these presents does remise, release, grant, convey, and
<br />QUITCLAIM unto the Grantee, its successors and assigns forever, all right, title, artd
<br />interest, claim and demand, if any, in the abandoned underground workings of thaf
<br />certain coal mine known as the New Elk mine (formerly known as the Allen Mine),
<br />lying and being in the County of Las Animas and State of Colorado, and which
<br />workings are located entirely beneath certain real property owned by Grantors in fee
<br />(including all mineral rights) which are generally described as follows:
<br />Those certain lands covered by Permit C-61-0I2 from the Colorado
<br />Division of Minerals and Geology, situate in Las Animas County.
<br />Colorado, ronsisting of 3,997.8 acres, more or less.
<br />TO I-iAV'E AND TO HOLD the same, together with all acid singular the
<br />appurtenances and privileges thereunto belonging, or in anywise thereunto
<br />appertaining, and all khe estate, right, title, interest and claim whatsoever, of the
<br />Grantors, either in law ox equity, to the use and benefit of the Grantee, its successors
<br />and assigns forever, and specifically acknowledging the right of Grantee, its
<br />Successors and assigns, to dispose of coal processing wastes in said abandoned
<br />underground workings. Provided, however, Grantee covenants and agrees to
<br />indemnify and. hold harmless Granters, their affiliates, successors and assigns, from
<br />and against any claim, damages, liability, responsibility or action whatsoever, made
<br />by any person, entity or governmental authority, arising from Grantee's ownership,
<br />use or operation of said undergrounds workings, including without limitation, any
<br />such claim, damage, penalty, fine, liahility, responsibility nr action imposed by or
<br />resulting from any environmental law or regulation.
<br />IN VdITNESS WI-11;itEOF, the Grantors have executed ttus deed on the date
<br />set forth above.
<br />DW005597
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