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( "Buyer "). Under this agreement Sellers sold to Buyer their rights to coal under <br />Wl /2SW1 /4, Section 25, T47N, R16W, NMPM and (2) Addendum to Escrow <br />Purchase Agreement between Donald J. Rice and Marianna Rice ( "Sellers ") <br />and Peabody Coal Company ( "Buyer ") dated 10 day of February, 1992 where <br />Peabody, with Sellers' consent, transferred its rights to the asssets to Western <br />Fuels - Colorado, A Limited Liability Company. <br />3. Appendix 2.03.6 -1(c). Correction Special Warranty Deed dated November 8, <br />1995 from San Miguel Power Association to WFC for the property at <br />E1 /2SW1 /4, Section 25, T47N, R16W, NMPM. <br />4. Appendix 2.03.6 -1(d). Memorandum of Exploration and Option to Purchase <br />Agreement between Thomas M. Meehan and Peggy Jo Meehan ( "Meehan. ") <br />and WFC. Under this agreement Meehan. This agreement gives WFC the rights <br />to purchase the property including coal underneath at S 1 /2NW 1 /4, Section 25, <br />T47N, R16W, NMPM. The purchase is subject to WFC obtaining the DRMS <br />permit for mining. WFC will provide DBMS a copy of the deed granted by Joe <br />and Peggy Meehan as an evidence of right of entry during the <br />publication/public comment period of DRMS' decision to approve NHN <br />mining permit. <br />5. Appendix 2.03.6 -1(e). Memorandum of Coal Mining Lease dated December 20, <br />2007 between George E.L. Glasier and WFC. The lease gives WFC right to <br />enter and mine the property. <br />6. Appendix 2.03.6 -1(f). Quitclaim Deed dated 16' day of October, 2002 between <br />San Miguel Power Association, Inc. (SMPA) and Western Fuels- Colorado. <br />Under this agreement SMPA sold to WFC the property in NW1 /4 and <br />W1 /2NE1 /4, Section 36, T47N, R16W, NMPM. <br />None of the rights acquired under any of these documents is the subject of <br />pending litigation. <br />2.03.6 -2 Severance of Minerals Estate <br />The surface and the minerals are owned separately in SWIA of Section 25, <br />Garvey & Co. LLC owns the surface. WFC's right of entry for this surface is <br />given in Appendix 2.03.6 -1(a). The coal under this surface is owned by WFC as <br />evidenced in Appendix 2.03.6 -1(b) and 2.03.6 -1(c). <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />2.03.7(1) Unsuitable Designation Status. A determination was made under the criteria set <br />forth in Section 7.05 that no lands be designated unsuitable for mining at the New <br />Horizon Mine. Furthermore, no Alluvial Valley Floors exists in the mine area or <br />Section 2.03 Page 12 November 2011 <br />