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PART I. <br />UNITED STATES <br />DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />MODIFIED COAL LEASE <br />THIS MODIFIED COAL LEASE is entered into on May 01, 2012 by and between the UNITED STATES OF AMERICA, <br />hereinafter called the Lessor, through the Bureau of Land Management, and <br />hereinafter called Lessee. <br />Oxbow Mining, LLC <br />PO Box 535 <br />Somerset, CO 81439 <br />This modified lease shall retain the effective date March 01, 2001, of the original COAL LEASE COC -61357 and is effective for a <br />period of 20 years therefrom, and for so long thereafter as coal is produced in commercial quantities from the leased lands, subject to <br />readjustment of lease terms at the end of the 20th lease year (March 01, 2021), and each 10 -year period thereafter. <br />Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands Leasing Act of 1920, as amended, <br />41 Stat. 437, 30 U.S.C. 181 -287, hereinafter referred to as the Act; and to the regulations and formal orders of the Secretary of the Interior <br />which are now or hereafter in force, when not inconsistent with the express and specific provisions herein. <br />Sec. 2. 1. Lessee as the holder of Coal Lease COC- 61357, issued effective March 01, 2001, was granted the exclusive right and <br />privilege to drill for, muse, extract, remove or otherwise process and dispose of the coal deposits in the D seam only, upon, or under <br />the lands described below as Tract 1. <br />2. The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the underground coal deposits in the D seam only on the following lands described as Tract 2. <br />3. The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the underground coal deposits in the D seam only on the following lands described as Tract 3. <br />4. The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the underground coal deposits in the D seam only on the following lands described as Tract 4. <br />5. The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the underground coal deposits in the D seam only on the following lands described as Tract 5. <br />See Legal Description Attachment A <br />Serial No.: COC -6 357 <br />Date of Lease: March 01, 2001 <br />r-s <br />