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District Court <br />Montrose County, Colorado <br />1200 N. Grand Ave., Montrose, CO 81401, 970.252.4300 EFILFU <br />Document <br />County District Court 7th JD <br />Dec 07 2012 01:33PM \1ST <br />.18250726 <br />Clerk: `/A <br />* COURT USE ONLY <br />CO \tontroce <br />Plaintiffs: FRANK MORGAN, et al. Filing Date: <br />Filing ID: <br />Defendant: WESTERN FUELS COLORADO, LLC. Review <br />Dates of Trial: November 26 -29, 2012 <br />Proceeding: Trial to Court <br />Presiding Judge: Thomas W. Ossola <br />Senior Judge <br />P.O. Box 582 <br />Carbondale, CO, 81623 <br />970.948.1654 <br />two s s o l a @, c o m c a st. net <br />Case Number: 2010CV367 <br />Division Courtroom <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT <br />THIS MATTER came before the Court for trial to the Court and the Court being <br />fully advised in the premises, finds, concludes and orders the following. <br />STIPULATED FACTS <br />1. Frank Morgan and Mary Lou Morgan entered into a Coal Mining Lease on <br />September 10, 1998 with Western Fuels Colorado, LLC ( "Western Fuels ") encompassing <br />the following real property owned by the Morgans in Montrose County, Colorado: <br />T. 46 N., R.16W., N.M.P.M.: <br />Section 1: NE1/4 NE1/4 (also known as Lot 1), N W 1 /4 NE1/4 (also known as Lot <br />2); <br />NE1 /4 NW 1/4 (also known as Lot 3), N1 /2 N1/2 SW I/4 NE1 /4, and N1 /2 N1/2 <br />SE1 /4 NW1 /4, comprising approximately one hundred forty (140) acres, but <br />excluding approximately twenty five (25) acres of said lands which are south of <br />the Colorado Cooperative Ditch (the "Morgan Property "). <br />2. Michael Morgan and JoEllen Turner are the son and daughter in law <br />(respectively) of Frank and Mary Lou Morgan. They live immediately south of the <br />Morgan Property on other lands owned by Frank and Mary Lou Morgan. <br />EXHIBIT <br />_2_ <br />