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SENT BY~Xerox Telecopier 7021 ; 1- 7-93 ; 5~04PM ; <br />The Following excerpt fa taken from the <br />~Iief in Responga to P1ain_iffg~ Motic <br />Judgment: <br />II. STATEMENT 0? T8E ?ACTS <br /> <br />The Bank is the trustee under four separate trusts which <br />wars established by members of the Vento family as follows: <br />1. The Dominic A. Vento Trust dated September 3, 1968; <br />z. The Joseph A. Vento Trust dated March 28, 1962 (as <br />amended), a copy of which is attached hereto am <br />Exhib t A and incorporated herein by this <br />reference; <br />3. The Cecelia DeFellippie Trust dated September 20, <br />1968, a copy of which is attached hereto as <br />Exhibit B and incorporated herein by this <br />reference; and <br />4. The Irene C. Coulter Trust dated September 20, 1968. <br />Each of these four trusts owns an undivided one-quarter interest in <br />certain lands located in Fremont County, eolorado (the "Property"). <br />Pursuant to that certain option Agreement dated June 16, <br />1978 (the "Option Agreement"), the Trustee gave to Dorchester- <br />Colomine Joint venture (the "Joint venture") an option to acquire <br />s coal mining lease on the Property, such lanes to be limited to <br />"all ccal deposits within the Monarch (also known as the Pins <br />Gulch) seam." option Agreement at ~ 7. A copy of the Option <br />Agreement is attached hereto as Exhibit C and incorporated herein <br />by this reference. Attached to the Option Agreement as Exhibit A <br />was a draft coal mining lease Por which the option was granted. <br />Thereafter, the option period under the Option Agreement <br />expired, but the Trustee and the Joint Venture extended such option <br />by an agreement dated Dctober 5, 1978, entitled "Amendment to <br />Option Agreement for Coal Mining Lease" (the "option Amendment"). <br />A copy of the option Amendment is attached hereto as Exhibit D and <br />incorporated herein by this reference. The option Amendment <br />provided for extension of the option period and provided for <br />amendment to the lease attached to the Option Agreement, inter <br />~~, ae follows: <br />A. Said Coal Mining Lease shall include <br />rights to all coal within the Premises, except <br />that coal included within strip mining leasing <br />rights to Robert M. Hastings as described in <br />paragraph 4(c) of the Coal Mining Lease and <br />except for the restrictions on the Vento seam <br />as described in subparagraph H below. <br />3036256525yC0 MINED LAND REC'L ;~ d <br />~.~ sne auoam am vm <br />