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• S': 1.TFi OF COLUi 1.'i0 CITY b COUNTY OF DENVER 55. ~T1:7'EP'L~:T Randy L. Parcel does hereby state as follows: 1. That he is attorney for Dorchester Coal Company, a Texas corporation (hereinafter "Dorchester"). 2. That Dorchester was, until 'October 10, 1980, a member of the Dorchester-ColoMine Joint Venture (hereinafter the "Joint'Venture'), a joint venture between Dorchester and ColoMine Coal, Inc., a Colorado corporation (hereinafter "ColoMine'). On October 10, 1980, Dorchester acquired all of ColoMine's interest in the Joint Venture, and Dorchester is now the sole owner of all interests formerly held by the Joint 'Venture, including the rights described below in this Statement. 3. That on May 1, 1978, the Joint Venture entered into a Coal Mining Lease with Edward B. Cribbs, Robert A. Jackson and Dorothy Jackson, Jean Ingles, John D. Cribbs, II and Sandra L. Cribbs, Aoward M. Goodman, and Aoward M. Goodman, as attorney-in-fact for Mary F. Staffney (formerly Mary F. Davison), and Edward B. Cribbs, as attorney-in-fact for Mary C. Goodman, T. A. Goodman and J. M. Goodman (all of said parties hereinafter collectively described as "Lessors"), with respect to the lands described in Attachment 1 hereto. 4. That, to the best of his information and belief, the Lessors own the surface and coal rights within the above-described properties and have full authority to lease or otherwise dispose of same. 5. That, pursuant to the above-described Coal Mining Lease, Lessors have granted to Dorchester the right to use so much of the surface of the lands described in Attachment 1 as is reasonably necessary to mine coal therein and thereunder. 6. That, based upon the foregoing, in his opinion, Dorchester has the legal right to enter and mine the properties described in Attachment 1 hereto. DATED this 6th day of January, 1981. ~- Randy L. P~'rce •~ 15