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9 PARE DOCUMENT <br />I• <br />WHEN RECORDED, RETURN TO: <br />B80KJ~~O I}HGE'Sh~9 <br />SAWYER & GLANCY PLLC <br />Attn: Nicholas R. Glancy <br />3120 Wall Street, Suite 310 <br />Lexington, Kentucky 40513 <br />MAIL TAX NOTICES TO: <br />CENTRAL APPALACHIA MINING LLC <br />411 West Putnam Avenue <br />Greenwich, Connecticut 06830 <br />2124231 05/29/03 0920AI1 <br />JANICE WARD CLKBREC ItESH COUNTY CO <br />RECFEE f45.~~ SURCHG s1.OO <br />DEED AND ASSIGNMENT <br />r~ <br />LODESTAR ENERGY, INC., a Delaware corporation and LODESTAR HOLDINGS, <br />INC., a Delaware corporation, as their interests may appear (collectively, the "Grantors' acting <br />by and through their duly appointed bankruptcy trustee, William D. Bishop ("Trustee', for Ten <br />and No/100 Dollars ($10.00) and other good and valuable consideration, hereby assign, transfer <br />and convey to CENTRAL APPALACHIA MINING LLC, a Delaware limited liability <br />company whose address is 411 West Putnam Avenue Greenwich, Connecticut 06830, as designee <br />of Wexford Capital LLC ("Grantee', its successors and assigns, the Fee Property, Federal Coal <br />Leases, Property Rights, Frivate Coal Leases, Federal Non-Mineral Leases and Rights of Way <br />and Water Rights, located in Garfield County and Mesa County, Colorado and described in <br />Exhibit A attached hereto and incorporated herein, along with such tracts of land and real <br />property, coal, coal reserves, coal inventory, oit, gas and other minerals located in, on or under <br />such land, water rights, buildings, fixtures and improvements on such land and any other <br />easements, rights of way and related facilities, roads, haulways, leases, subleases, rents, issues, <br />profits, income, tenements, heteditaments, possessory rights, claims, including mining claims, <br />privileges and appurtenances belonging to, used, or enjoyed with such land, and all of the water <br />and water rights, including all of the rights, privileges, easements and appurtenances belonging <br />to and connected in any manner with the water and water rights owned or held by Grantors <br />(collectively the "Pmperry"). <br />This conveyance is subject to the terms of the Asset Purchase Agreement between <br />Grantors and Wexford Capital LLC dated May 9, 2003 (the "Agreement's and that certain Order <br />Pursuant to Sections 363 and 365 of tbe Bankruptcy Code for Authority Authorizing the Sale <br />Assets Outside the Ordinary Course of Business Free and Clear of Liens, Claims and <br />Encumbrances (Colorado Assets) entered May 9, 2003 in the United States Bankruptcy Court for <br />the Eastern District of Kentucky Case No. 01-50969 (the "Order"). The representation and <br />warranties contained in the Agreement relating to the Property are incorporated herein by this <br />reference. <br />This Deed and Assignment does not supersede or waive any contractual remedy between <br />Grantors and Gtantee. Such remedies aze in addition to and are not merged into this instrument. <br /> <br />