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RECCRCED AT ._lO; 1B- _- oc: A - August 1, 1978 <br />RECEPTION N 471931 ROWAN. RECORDER. <br />'MEMORANDUM OF ESCROW PURCHASE AGREEMENT <br />659 72 i , <br />nu K 659 -'...G L;,/, <br />The Agreement described herein was made and entered into <br />on June 27th , 1978 by and between DONALD J. RICE <br />and MARIANNA RICE ( "Sellers "), P. O. Box 304, Nucla, <br />Colorado, 80424 and PEABODY COAL COMPANY, a Delaware corporation, <br />301 North Memorial Drive, St. Louis, Missouri, 63102 ( "Buyer "). <br />Sellers and Buyer have entered into an Escrow Purchase <br />Agreement whereby Buyer has agreed to purchase the following <br />described real property in Montrose County, Colorado (the <br />"Property "): <br />W1 /2 SW1 /4, Section 25, Township 47 North, Range 16 West <br />of the New Mexico P.M. - <br />TOGETHER WITH all easements and water and water rights <br />and ditches and ditch rights appurtenant to said land, <br />including without limitation 27 shares in the C.C. Ditch <br />Company, and all improvements and fixtures of a permanent <br />nature thereon, and <br />TOGETHER WITH all the coal in, under or upon said land, <br />and one -half (1/2) of Sellers' entire right, title and <br />interest in and to all other minerals of any kind and <br />character, including but not limited to oil, oil shale, <br />gas and other hydrocarbons, limestone, uranium, clay, <br />sand and gravel in, upon and under said land <br />RESERVING unto Sellers an undivided one -half (1/2) interest <br />in and to all such other minerals, together with the <br />right to utilize so much of the surface as is reasonably <br />necessary for the proper and convenient working of such <br />other minerals, subject to the obligation to pay surface <br />damages, and provided that the exploration for and <br />mining of the coal conveyed by Sellers to Purchaser and <br />all surface uses related thereto shall at all times have <br />absolute priority over the working of such other minerals. <br />With respect to said reserved one -half (1/2) interest, <br />Sellers waive, for themselves, their heirs, successors <br />and assigns: (a) Any reciprocal servitudes, easements of <br />necessity or other implied rights of access through the said <br />coal to said other minerals; (b) Any rights they might <br />now have or in the future acquire to subjacent or <br />other support for said other minerals; and (c) Any rights <br />they might now have or in the future acquire to claim <br />damages for the loss of part or all of such other minerals <br />as a result of the exploration for and mining of the <br />coal conveyed by Sellers to Purchaser. <br />FREE AND CLEAR of all liens and encumbrances except <br />the lien of general taxes for 1978 payable in 1979. <br />