Aff - Old Ben Coal Corp, Old Ben Coal Corp_3/18/1983STATE OF INDIANA
COUNTY OF,GIBSON
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CERTIFICATE IN LIEU OF PAYMENT
OF INDIANA GROSS TAX
ROYCE K. TRAYLOR, being first duly sworn upon oath, deposes and
says that he is a duly authorized Attorney-in-Fact for Old Ben Coal
Company, Grantee in a warranty deed' dated 3-8-83 from Peabody Coal
Company conveying certain lands comprising in all 238.66 acres in
Gibson County, Indiana. Affiant further says that no gross income
tax is due the State of Indiana from Peabody Coal Company by
virtue of the conveyance in that the consideration paid by Old Ben
Coal Company was paid to Lillian Overbeck, of R. R., Oakland City
IN 47660; rather than to Peabody Coa1 Company, the sequence of
events being as follows:
On 12-23-74, Overbeck sold certain land, including the above
mentioned land, to Peabody on an installment contract and placed
a deed in escrow. On 1-31-75, by prearrangement and without�consideration,
Peabody gave Old Ben a partial assignment to the extent of the
238.66 acres of the Overbeck contract. Thereafter, Old Ben and
Peabody each made payment of their respective shares of the install-
ments due Overbeck until the last payment due was made 1-31-83. The
Overbeck to Peabody deed caas then delivered from escrow and recorded.
The deed to which this certificate is attached transfers naked legal
title to the 238.66 acres from Peabody to Old Ben, Old Ben having
already acquired equitable title by payment to Overbeck under the
contract. Accordingly, fhis deed from Peabody to Old Ben does
not evidence a transaction giving rise to any Indiana gross income
tax, such tax, if any, being due not from Peabody, but from Overbeck.
This certificate is made for the purpose of authorizing and
directing the Recorder of Gibson County, Indiana, to record the
deed to which the same is attached without evidence of payment of
Indiana gross tax by Peabody.
Royce . Tra r, A rney-in-Fact
for ld Ben Coal o pany
�^�SUBSCRIBED
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AND SWORN to before me this 18th day of March,
My'�o�.n:ission Expires:
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July 5, 1986
.-This instrument prepared by:
VERNER P. PARTE_NHEIMER, Attorney.
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Ju I. arke , No ary Public
Res ing 'n Gibson County, Indiana
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