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5. S4GG sQrs. All covenants, terms and conditions of the Lease shall run with the <br />land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, <br />successors and assigns of the parties to this Memorandum. <br />6. Effect of Agreement This Memorandum Agreement for the Lease and Contract <br />to Exchange Real Property is subject the terms and provisions of the Lease, and shall not be <br />construed as a change, modification, amendment or enlargement of said Lease. <br />7. Coal Mining I ease and Contract to ExChanga Re l Proiae ft An original copy of the <br />Lease and Contract to Exchange Real Property is maintained at the offices of Lessee and more <br />information concerning it may be requested by contacting Western Fuels Association, Inc., 405 <br />Urban Street, Suite 305, Lakewood, Colorado 80228 <br />IN WITNESS WHEREOF, Lessor has carefully read all of the provisions stated in this <br />instrument, and, as of the date and year first set forth above, has executed and delivered this <br />Memorandum Agreement to Lessee. <br />WESTERN FUELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />BY <br />STATE OF _ COLORADO <br />COUNTY OF ADAMS t <br />The foregoing instrument was acknowledged before me this 6 thday of December <br />1995 by H. J. Thomason —,as President of Western Fuels- Colorado, A Limited <br />Liability Company. <br />Witness my hand and official seal. <br />My Commission expires: 12 /8/96 Notary Public <br />4 <br />I <br />tr a��??� E. LtiAKEFjELD <br />NC_TAR; ?I.;BLIC <br />CT f!�F _7RADO + <br />