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STATE OF OKLAHOMA ) <br />SS <br />COUNTY OF TULSA ) <br />AFFIDAVIT OF <br />DAVID M. HIGBEE <br />David M. Higbee, a/k/a D. M. Higbee, of lawful age, being first duly sworn, deposes <br />and says as follows: <br />I am the former secretary of Western Slope Carbon, Inc., a Colorado corporation, as <br />evidenced by the attached Certificate of Incumbency dated August 14, 1987 (Attachment 1). <br />Affiant further states that all of the issued and outstanding shares of capital stock were <br />sold to Blue Horizon Mining Company, Inc., a Delaware corporation, and Stamper Collins, the <br />sole shareholder of Blue Horizon Mining Company, Inc., on August 17, 1987, as evidenced by <br />the attached copy (title page, page 1 and signature page) of the Stock Purchase Agreement, <br />verifying said sale (Attachment 2). Also attached is a resignation of D. M. Higbee dated August <br />17, 1987 (Attachment 3). <br />Affiant further states that he is the secretary for Cazbon County UCG, Inc. a Delaware <br />corporation, as evidenced by the attached Corporate Data sheet dated April 27, 1994 <br />(Attachment 4), having been originally elected on March 3, 1994. <br />Further, affiant sayeth not. <br />~_ ~, .' <br />Subscribed and sworn to before me this a`r~ day of u us 7 , 1994. <br />,,My commissior~expir ~~//,.u~J ~~ <br />ao s~z ifps s9~~ Mo~a~v <br />(Typed or Prmted Name of Notary) <br />Notary Public in and for Tulsa <br />County, Oklahoma <br />