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1. Appendix 2.03.6-1(a). Memorandum of Surface Lease and Purchase <br />Agreement dated August 7, 2009 between Garvey & Co., a Colorado General <br />Partnership and Western Fuels -Colorado, a Limited Liability Company. The <br />lease pertains to the surface at SWI/4, Section 25, T47N, R16W, NMPM. The <br />lease gives Elk Ridge right to enter and mine the property. Garvey & Co. has <br />subsequently changed the name to Garvey & Co. LLC. A letter informing of <br />the change is attached behind the lease agreement. <br />2. Appendix 2.03.6-1(b). This Appendix includes two documents; (1) <br />Memorandum of Escrow Purchase Agreement dated June 27, 1978 between <br />Donald J. Rice and Marianna Rice ("Sellers") and Peabody Coal Company <br />("Buyer"). Under this agreement Sellers sold to Buyer their rights to coal <br />under W1/2SW1/4, Section 25, T47N, R16W, NMPM and (2) Addendum to <br />Escrow Purchase Agreement between Donald J. Rice and Marianna Rice <br />("Sellers") and Peabody Coal Company ("Buyer") dated 10`h day of February, <br />1992 where Peabody, with Sellers' consent, transferred its rights to the assets <br />to Western Fuels -Colorado, A Limited Liability Company. <br />3. Appendix 2.03.6-1(c). Correction Special Warranty Deed dated November 8, <br />1995 from San Miguel Power Association to WFC for the property at <br />E1/2SW1/4, Section 25, T47N, R16W, NMPM. <br />4. Appendix 2.03.6-1(d). Warranty Deed between Thomas M. Meehan & Peggy <br />Jo Meehan and Western Fuels -Colorado, LLC <br />5. Appendix 2.03.6-1(e). Memorandum of Coal Mining Lease dated December <br />20, 2007 between George E.L. Glasier and WFC. The lease gives WFC right <br />to enter and mine the property. <br />6. Appendix 2.03.6-1(f). Quitclaim Deed dated 16`h day of October, 2002 <br />between San Miguel Power Association, Inc. (SMPA) and Western Fuels - <br />Colorado. Under this agreement SMPA sold to WFC the property in NWl/4 <br />and W1/2NE1/4, Section 36, T47N, R16W, NMPM. <br />None of the rights acquired under any of these documents is the subject of <br />pending litigation. <br />Section 2.03 Page 2.03-15 June 2016 (SO -01) <br />