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I,I <br />AMENDMENT TO <br />ASSIGNMENT OF MINING LEASE <br />THIS AMENDMENT TO THE ASSIGNMENT OF MINING LEASE ( "Amendment ") by <br />and between SAN MIGUEL POWER ASSOCIAION, INC, a Colorado corporation, hereinafter <br />referred to as "Assignor", or "SMPA ", and 4/7, LLC, a Colorado limited liability company, <br />hereafter referred to as "Assignee ". <br />RECITALS <br />WHEREAS, Assignor assigned to Assignee all of its right, title and interest in and to that <br />certain mining lease (the "Mining Lease ") covering certain real property formerly owned by <br />Assignor and sold and conveyed to Assignee (the "Leased Property "), all as described in an <br />Assignment of Mining Lease dated February 2, 2012 (the "Assignment "); and, <br />WHEREAS, pursuant to Paragraph 3 of the Assignment, Assignor and Assignee agreed <br />to take such further action including, but not limited to the execution and delivery of such further <br />documentation as the other party reasonably may request and as may be necessary or desirable to <br />cant' out the purposes of the Assignment; and, <br />WHEREAS, Assignee has requested a clarification /amendment of the Assignment that it <br />included the assignment of any and all claims, demands, and cause or causes of action of any <br />kind that may or may not be known whatsoever, which SMPA had or may have had against <br />Western Fuels — Colorado, a limited liability company, a Colorado limited liability company, <br />arising from the Mining Lease as it pertains to the Property. <br />IN CONSIDERATION of the mutual covenants contained herein, the parties Agree as <br />follows: <br />1. ASSIGNMENT. For good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged by Assignor, Assignor hereby sells, assigns, transfers and <br />conveys to Assignee all of Assignor's rights, title and interest in and to Assignee and its <br />successors, assigns and personal representatives, any and all past, current or future <br />claims, demands, and cause or causes of action of any kind that may or may not be <br />known, which SMPA may have against Western Fuels — Colorado, a limited liability <br />company, a Colorado limited liability company pertaining to the Mining Lease and the <br />Property, to the extent any such claims, demands and causes of action may have existed <br />as of the date of the Assignment. <br />2. ACTIONS AGAINST CLAIMS. The Assignee or its successors, assigns and personal <br />representatives, may in its own name and for its own benefit prosecute, collect, settle, <br />compromise and grant releases on said claims as it in its sole discretion deems advisable <br />or its best interest. <br />AMENDMENT TO ASSIGNMENT OF MINING LEASE Pg. 1 <br />