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UNITED STATES <br />• DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />MODIFIED COAL LEASE <br />Serial No.: Ct?C-8424 <br />Date of Lease: June 1, 1982 <br />PART I. <br />THIS MODIFIED COAL LEASE is entered into on September O1, 2007 by and berveen the UMTED STATES OF AMERICA, <br />hereinafter called the Lessor, through the Bureau of Land Management, and <br />Blue Mountain Energy, Inc. <br />10714 So. Jordan Gateway, #300 <br />South Jordan, Utah 84095 <br />hereinafter called Lessee. <br />This modified lease shall retain the effective date June I, 1982, of the original COAL LEASE COC-8424, and is effective for a period <br />of 20 years therefrom, and for so long thereafter as coal is produced in commercial quantities Pram the leased lands, subject to <br />readjustment of lease terms at the end of the 20th lease year (June 1, 2002), and each 10-year period thereafter. <br />Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands Leasing Act of 1920, as amended, <br />41 Stat. 437, 30 U.S.C. 181-287, hereinafter referred to as the Act; and to the regulations and formal orders of the Secretary of the Interior <br />which are now or hereafter in force, when not inconsistent with the express and specific provisions herein. <br />Sec. 2. Lessee as the holder of Coal Lease COC-8424, issued effective June 1, 1982, was granted the exclusive right and privilege to <br />drill for, mine, extract, remove or otherwise process and dispose of the coal deposits in, upon, or under the lands described below as <br />ract 1. <br />The Lessor inconsideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the coat deposits in the lands described below as Tract 2. <br />The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as <br />herein set forth, hereby grants and leases to lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise <br />process and dispose of the coal deposits in the lands described below as Tract 3. <br />Original Lease <br />Tract 1: T. 3 N., R. 101 W., 6~' P.M. <br />sec. 29, all; <br />sec. 30, Lots I-4, inclusive, E''/z, E%zW'/; <br />sec. 31, Lots 1-4, inclusive, E''/s, E % W % ; <br />sec. 32, N'/, N'/zS'/:, and S'/zSW'/.,; <br />sec. 33, SW%NW%, and NtiV%SW%. <br />Modification <br />2,552.32 acres, Rio Blanco County, Colorado. <br />Tract 2: T. 3. N., R. I OI W., 6th P.M. <br />sec. 28, S % S %aNW'/,, and N'/ SE%. <br />• 120.00 acres, Rio Blanco Caunty. Colorado <br />