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COAL PURCHASE AND LOADING FACILITIES AGREEMENT <br />This Coal Purchase and Loading Facilities Agreement (hereinafter "Agreement"), having <br />an effective date of January 12, 2006 is made and entered into by acid between A.P. Maxwell <br />Development Company, LLC, Lorencito Coal Company LLC and Picketwire Processing, <br />LLC, Kentucky Limited Liability Companies, located at 4422 Bryan Station Road, Lexington, <br />Kentucky 40516 ("Lessor") and New Elk Company, LLC, a Kansas Limited Liability Company, <br />located at 1202 Main Street, Goodland, Kansas 67735 ("Lessee"). <br />WITNESSETH: <br />WHEREAS, Lessor owns or controls certain property, including the coal, and a coal <br />loading facility laiown as the New Elk Facility located near Weston, Colorado, and <br />WHEREAS, said New Elk Facility includes stockpile coal and refuge and loadout <br />facilities, and the property, and abandoned underground workings (collectively "New Elk <br />Facility") as shown on Exhibit A, along with a description of certain rights that have been granted <br />by the Lessor to other parties regarding the use of the New Elk Facility. <br />WHEREAS, Lessee desires to lease the New Elk Facility, and <br />NOW, THEREFORE, for and in consideration of the foregoing recitals and the sum of <br />One Dollar ($] .00), cash in hand paid, receipt of which is hereby acknowledged, and in further <br />consideration of the below stated terms, rental and other agreements, Lessor does hereby lease to <br />Lessee the New Elk Facility. <br />Lessor grants unto Lessee only such rights and priviledges in the New Elk Facility as <br />Lessor holds. It is understood and agreed that all the rights and privileges shall be construed as <br />limited to the rights granted herein and to such rights and privileges as Lessor has the lawful right <br />to grant, provided that such rights previously granted by Lessor do not materially impair Lessee's <br />rights to use the New Elk Facility as described in this Agreement. <br />Lessor excepts and reserves from this Agreement any leases, option(s) or other <br />agreement(s) previously granted by Lessor or its predecessors, and Lessor expressly warrants <br /> <br />