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IN WITNESS WHEREOF, Assignor has executed and Assignees has accepted this <br />Assignment of Leasehold Estate each by its respective duly authorized officers or agents as of this <br />day of J M A__, 2008. <br />ATTEST: <br />Kenneth Wagn ss' tant Se retary <br />ATTEST: <br />Thomas W. Dietrich, Assistant Secretary <br />STATE OF MISSOURI <br />SS: <br />CITY OF ST. LOUIS <br />SENECA COAL COMPANY, LLC <br />Assignor <br />ry <br />Jo F. Quinn, J ., Vice P esident <br />SAGE CREEK HOLDINGS, LLC <br />Assignee /; <br />James C., evem, Vice'President <br />Before me, the undersigned, this Z-g G � day of 0-M , 2008, personally <br />appeared John F. Quinn, Jr., and Kenneth L. Wagner, personally know to me as its Vice President and <br />Assistant Secretary, respectively, of Seneca Coal Company, LLC, a Delaware Limited Liability <br />Company, and acknowledged the execution of the foregoing instrument on behalf of said company for the <br />purposes therein stated. <br />IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed my official seal <br />Notary �F ubl' <br />My commission expires: g 30 Loil <br />MARY UNNERSTAtL <br />Notary Public - Notary Seal <br />State at Missouri, St Charles County <br />Commission # 07525127 <br />My Commission Expires Aug 30, 2011 <br />Page 2 of 4 <br />