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ASSIGNMENT OF MINING LEASE
<br />THIS ASSIGNMENT is made effective as the 2 day of February, 2012, by and
<br />between SAN MIGUEL POWER ASSOCIATION, INC., a Colorado corporation, hereinafter
<br />referred to as "Assignor ", or "SMPA ", and 4/7, LLC, a Colorado limited liability company,
<br />hereafter referred to as "Assignee ".
<br />RECITALS
<br />WHEREAS, Assignor, as Lessor, entered into that certain Mining Lease, dated May 21,
<br />1956, by and between SMPA and Edna Coal Company as Lessee, as amended by that certain
<br />Mining Lease Amendment, dated March 18, 1960, by and between SMPA and Edna Coal
<br />Company, as further amended by that certain Addendum to Mining Lease dated September 30,
<br />1962, by and between SMPA and Edna Coal Company, as further amended by that certain
<br />Addendum to Mining Lease dated May 12, 1977, by and between SMPA and Peabody Coal
<br />Company, as successor Lessee,' as further amended by that certain Extension of Mining Lease
<br />dated February 19, 1992, by and between SMPA and Peabody Coal Company, and as further
<br />amended by that certain Assignment of Mining Leases, dated April 21, 1992 by and between
<br />Peabody Coal Company and Western Fuels — Colorado, a limited liability company, a Colorado
<br />limited liability company, as successor Lessee, all of which documents are hereinafter collectively
<br />referred to as the "Mining Lease "; and,
<br />WHEREAS, the Mining Lease covered certain real property owned by Assignor, more
<br />particularly described as follows: Lot 3, SE1 /4NW1 /4, NE1 /4SW1 /4, Section 6, Township 46
<br />North, Range 15 West, N.M.P.M., County of Montrose, State of Colorado, containing 120 acres
<br />more or less, hereinafter referred to as the "Property"; and,
<br />WHEREAS, Assignor and Assignee entered into a contract for the sale and purchase of
<br />The Property and the above - described Mining Lease as it relates to the Property, and Assignor has
<br />executed a Special Warranty Deed as of the effective date of this Assignment conveying the
<br />Property to the Assignee; and,
<br />WHEREAS, Assignor desires to assign the Mining Lease, and any amendments,
<br />addenda and/or extensions, to Assignee, who desires to, and will, assume all liabilities and
<br />duties, arising after the date hereof as well as all rights of Assignor under the Mining Lease as it
<br />pertains to the Property.
<br />IN CONSIDERATION of the mutual covenants contained herein, the parties
<br />Agree as follows:
<br />1. ASSIGNMENT. For good and valuable consideration, the receipt and sufficiency of
<br />which is hereby acknowledged by Assignor, Assignor hereby sells, assigns, transfers and
<br />conveys to Assignee all of Assignor's rights, title and interest in and to the above -
<br />described Mining Lease, including all amendments, addenda, assignments, and/or
<br />extensions thereto, as it pertains to the Property. Assignee hereby accepts the foregoing
<br />Assignment and does hereby assume and agree to discharge all obligations and liabilities
<br />1 While it is apparent that an assignment of the Lease occurred sometime between 1962 and 1977, from Edna Coal
<br />Company to Peabody Coal Company, neither Assignor or Assignee have a copy of said assignment.
<br />Exhibit F I
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