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Resend08- 11- 09;12:02PM; <br />2: In consenting to the said sale as enumerated in Paragraph 1, <br />above, Sellers neither waive nor relinquish their rights of first refusal as <br />contained in the Agreement: Said rights shall continue to exist and be an <br />ongoing burden upon the Property it accordance with the provisions of the <br />• <br />Agreement: <br />3: Sellers' rights to those coal royalties as enumerated in the <br />Agreement (specifically in Paragraph 3 thereof) are agreed to be separate and <br />apart from their said rights of first refusal: Stated alternatively, even <br />though, at sometime in the future, should a sale of the Property occur in which <br />Sellers elect not to exercise their right of first refusal, nevertheless their <br />rights to said coal royalties shall continue to exist: <br />4: Buyer shall record a fully executed copy of this Addendum and <br />following recordation thereof, shall provide Sellers with a photostatic <br />thereof, reflecting the recording information: Following consummation of the <br />sale contemplated hereby, Buyer shall provide Sellers with a copy of all <br />recorded instruments of conveyance reflecting the provisions required hereby: <br />5: Except as modified, clarified or changed hereby, the provisions <br />of the Agreement are Hereby ratified and confirmed and are, by this reference, <br />incorporated herein and made a part hereof; <br />.Executed by the parties on the date reflected in the acknowledgment <br />) 0:1 <br />, of their executions appearing below: <br />SELLERS: BUYER: 7V4 <br />Marianna Rice <br />(Title) <br />"" ,.. t; " before me in <br />1,:,. %.„ . t ` $� -; 1e � " dsy • of February, 1952 <br />' ` , �{ Cfj,W1TNFSS MY MAMA AND OFFIC <br />` My ;cgmmiseion expires: <br />r <br />•�� ( "•• �'ti J�N� .4r1 <br />�1 4 ALA <br />Notary b1i <br />o....fllp/. Acknowledged before me in the County of <br />r �o - • Ompany, a De <br />i c ° ' �'`G ITNESS MY HAND AND OFFICXAL SEAL <br />:� <br />' + r- G Ohl, commission expires: <br />• <br />, C� - r',. • <br />Peabody Coal Company, <br />a Delaware Corporation <br />- <br />Western Fuels Asso;970 864 2168 # 14/ 14 <br />BOOK 829pAcl;8i 4 <br />the County of Moffat, State of Colorado, <br />, by Donald 3, Rice , and Marianna Rice, <br />IAL SEAL: <br />6/29/95 <br />this / da,y of Feb ary, 1992, by <br />as the / of <br />aware Corporation. <br />it <br />Notary Public <br />State <br />