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Ou-0l-01 02:<Ow fra-PHILI FOSTER CO 80888/0/86 T-B08 P.it/21 F,1B5 FOURTH AMENDMENT TO CONTRACT This Fotttth Amendment to Contrail ("Amendmeat'~ is made nail catered into between ~ Plains A & M, I,LC as Buyer and Heit Farnr Ltd., LLP as Seller this Z~ ~'= day of September, 2002 and amends that cataia Contract dateei September 28, 2001 as amended and as assigned (the "Conticacx'~ relating to Lots 4, 5 and 6 is the S of Section 13, T 2 N, R 67 W of the 6'b P.M. containing 101 awes more or less (the "Real Propetty'~. RECD AL.S A. Buyer and Seller are parties to the Contrail and desire to reinstate and amend the Contract. B. Buyer and Seller have agreed to the tams hereof to reinstate and amend the Contract. OPERATIVE PROVISIONS NOW, THEREFORE, in oonsidetntion of the mutual covenants ooataiaed herein and other good and valuable consideration, the receipt and su~dency of which is hereby aclmowlalged, the parties agttx as foIIows: i. Sums Pyre lulu I5, 2002. Theparties stipulate and agree that aIl sums which we're due on Iuly 15, 2002 p« the Third Amendment to the Contras are hereby waived. 2 Additional Earnest Mon .Cone tttneously with the exeattioa of this Amendment, Bay« shall pay to SeII« additional earnest money deposit. This sum shall be aoarefiatdab a event of a default by Seller. This stns shall, howev«, be applicable to the ptu~chase price. 3. CoatingeacY. Btryer's obligation to close trader the Coaa~cx is Gxprsssly contingent upon Buyer obtaining a mining permit far dte property prior to November 30, 2003. Btrya, at its cost and shall dr7igeutly pursue such mining permit. Ia the event, such pemtit has not been obtained by Novmtber 30, 2003, despite Buyer's dtligeat efforts, Buyer may extatd envy to January 31, 2004 and again to Matrh 31, 2004 by paying W Se11 such extwsioa Any such payment sbali be nom~efundable and noaapp a the pur+cbase price. 5. Costs to Remove Or7/Gas Iyfineral Interests. Buyer's obligation to close wader the oontracx is expressly contingent upon Btryer rtaching as agt+ermeat whit Kerr- McC3ee Rodty Motmtain Corporation or oth« wtity rA remove any oil and gas Ieasc or