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Dave Berry <br />June 8, 2012 <br />Page 3 of 7 <br />{00103813.1 1 <br />C S M B <br />any part thereof, or on any contiguous or nearby lands as a part of a <br />continuous or integrated mining operation or mining plan, unless sooner as <br />herein elsewhere provided" (Exhibit B); <br />c. A Lease Extension dated February 19, 1992, extending the date referenced in <br />Exhibit B to April 30, 1993 (Exhibit C); <br />d. An Assignment dated April 21, 1992, assigning the Lessee's rights and <br />obligations under the Mining Lease from Peabody Coal Company to Western <br />Fuels- Colorado (Exhibit D); <br />e. A Partial Release dated June 3, 2002 releasing lands other than the Property <br />from the Mining Lease (Exhibit E); and <br />f. An Assignment dated February 2, 2012 assigning the Lessor's obligations and <br />liabilities under the Mining Lease from San Miguel Power Association to 4/7, <br />LLC (Exhibit F). <br />g. <br />A map displaying the lands affected by the Mining Lease, of which the <br />Property is only a part, is attached as Exhibit G hereto. <br />5. Under the Mining Lease, Western Fuels- Colorado enjoys the right "to prospect <br />and mine [the Property] by underground, strip or other mining methods, and to remove therefrom <br />and mine any and all coal or other minerals, together with the right to process, stockpile, remove, <br />prepare for market, and sell all coal and other minerals found upon and under said premises." <br />Exhibit A If 1. <br />6. Western Fuels- Colorado also "shall have the sole right to deem where such <br />mining and prospecting operations shall commence and the method and locations where such <br />mining shall continue, and shall have the right to construct buildings, tipples, or other structures, <br />and to make excavations, openings, stock - piles, dumps, ditches, drains, roads and other <br />improvements upon described lands, including the use and disposal of sufficient water in said <br />mining and processing operations, and to place such machinery thereon as lessee may deem <br />necessary for efficient prospecting, drilling, blasting, excavating, selling and shipping coal or <br />other minerals on and from said lands." Id. '112. <br />7. Further, "[i]t is understood and agreed that this lease is, or may be, taken in <br />conjunction with other leases or operations upon adjacent and neighboring lands, and if the same <br />is so taken, it may be worked in conjunction with such other lands or leases, and lessee is hereby <br />granted the right to transport production from other leases over the premises hereby leased, and <br />to construct drains and culverts across such premises for the purposes of draining other leases <br />and lands, and to do all things that may be reasonably necessary or helpful in the efficient <br />operation of this and other lands and leases." Id. if 3. <br />