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marketing or otherwise disposing of any and all Coal and conducting related activities as <br />further described in the Coal Mining Lease for a tern of Ten (10) years and for so long <br />thereafter as Lessee is making production royalty payments or Lessee is making Annual <br />Payments as provided in the Coal Mining Lease. <br />If any of the Lessors grant an oil and gas lease after the effective date of the Coal <br />Mining Lease which covers some or all of the Premises, then such oil and gas lease shall <br />be made subject to, and shall not interfere with operations under, the Coal Mining Lease. <br />This Memorandum is executed solely for the purpose of providing record notice <br />and is not intended, nor shall it be deemed, to modify or alter any of the provisions of the <br />Coal Mining Lease in the event of any conflict or inconsistency. References should be <br />made to the Coal Mining Lease to ascertain all of the terms, conditions, and covenants <br />thereof, a copy of which is in the possession of Lessors and Lessee. <br />Tlzis Memorandum may be executed in multiple counterparts which together shall <br />be deemed to constitute one and the same document. <br />IN WITNESS WHEREOF, Lessors and Lessee have duly executed this <br />Recording Memorandum of Coal Mining Lease as of the date first above written. <br />LESSEE: <br />TWENTYMILE COAL, LLC <br />By: c j'td? <br />Its: <br />LESSORS: <br />DAVIDA MALE f <br />LINDA K. MALE <br />ANDREW MALE <br />RACHEL SEINEN <br />JONATHAN MALE <br />2 <br />