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SENT:BY~xerox Telecopier 7021 1- 7-93 5~05PM 3036256525-+CO MINED LAND REC'L ~~ 6 parties. A copy of a letter Prom Randy Parcel to Kirk Brawn dated January 6, 1981 and an enclosed memorandum are attached hereto as Exhibit H and incorporated herein by this reference. A Dopy of Mr. Brown's response dated January 16, 1981 is attached as Exhibit I and incorporated herein by this reference. Summarily stated, Dorchester claimed that as the lessee with the right to mine all coal under the Property, it was entitled to recover from the trespassing parties for any and all coal wrongfully removed, subject to paying the Trustee an 8~ royalty on such amount. Exhibit H. On the other hand, the Trustee's counsel, Mr. Vento's law firm, claimed that Dorchester was not required or entitled to mine gam, coal under the Property so the Trustee was entitled to more than an 8~ royalty. Exhibit I. Dorchester and the Truatas ultimately agreed to leave the Harrison Western Fund intact, bearing interest, and to resolve their dispute in the future. In February of 1985, Dorchester requested the Trustee's consent to Dorchester's assignment of its rights and obligations under the Lease to Energy Fuels Corporation or a related entity ("Energy Fuels'), Dorchester having contracted to sell its interest in the mina to Energy Fuels. Under paragraph 27 of the Lease, Dorchester could not assign the Lease without the consent of the Trustee, but such consent could "not b® unreasonably withheld." Exhibit F at ~ z7. By latter dated February 7, 1985, Dorchester's counsel forwarded to the Trustee a consent and agreement that Dorchester requested the Trustee to execute. A Dopy of the February 7, 1985 latter with attachments is attached hereto as Exhibit J and incorporated herein by this reference. The terms o! Dorchester's proposed consent and agreement included an affirmation by the Trustee that the Lease modifications in the Option Amendment were included in the Lease and that the Lease was in good standing in all respects. Exhibit J. Extensive negotiations took place between Dorchester, Ener;~~ Fuels and the Trustee during February and March of 1985. Prior to February o! 1985, the Trustee had relied upon Mr. Vento for legal and coal mining advice and expertise.' Mr. Vento had held himself out as an expert related to the coal mining of the Property and is and was a licensed, practicing attorney. Exhibit G at 4 5. However, during the course o! the negotiations with Dorchester and Energy Fuels in February and March of 19s5, Mr. Vento began napousing positions that created concern to the Trustee that Mr. Vento was concerned only about hie own self- interest as a beneficiary under one of the trusts and was not looking out for the best interests of the beneficiaries of the other three trusts. Exhibit G at 4 6. The Trustee retained outside counsel to advise the Trustse as to the course of aotion ?' The Cecelia DeFellippie trust agreement specifically provided for the Trust®e to consult with and rely upon Mr. Vento. Exhibit B at p. iz. 11aN.1 9AB 01.979) aUf pp