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Berry, David <br />From: Jim Guire [mailto:jguire @gmail.com] <br />Sent: Wednesday, May 16, 2012 4:55 PM <br />To: Berry, David <br />Cc: r guire; themeadowsranch @gmail.com; Corina Guire <br />Subject: Re: Right of Entry Issue - New Horizon Mine <br />From: Berry, David <br />Sent: Wednesday, May 16, 2012 5:12 PM <br />To: Jim Guire <br />Cc: Berry, David; Jeff Fugate <br />Subject: RE: Right of Entry Issue - New Horizon Mine <br />Jim — Thank you for this information. <br />I will review the information and forward same to our legal counsel. <br />I will also forward your submittal to Western Fuels for their response. <br />Thank you for your time spent on the telephone today and for your email transmittal. <br />David Berry <br />David, <br />- G Ow i <br />— 11-2( n c es, t,,' <br />Per our telephone conversation today, please see the attached document that highlights the term(s) to the <br />lease(s) between SMPA and Edna Coal Company and through assignments, WFC. <br />As we advised Western Fuels and Tri State Generation in a meeting last Friday, we have filed a claim with <br />Fidelity National Title Company's corporate office in Jacksonville, FL, at the recommendation of their legal <br />department since they also interpret the lease to have been expired. <br />The Lease expired on April 30, 1993 after being extended for one year on February 19, 1992 from the then <br />ending date of April 30, 1992, in order for Peabody Coal Company to have a valid lease to sell and assign to <br />WFC on April 21, 1992. Colorado Division issued Western Fuels their mining permit on May 26, 1993. <br />Also for your review, I have attached complete copies of all the leases and associated documents between <br />SMPA and Edna, et al. <br />Feel free to contact us if you have any questions. Email is the easiest and fastest way to contact us. <br />Sincerely, <br />Jim R. Guire II <br />On Wed, May 16, 2012 at 4:25 PM, The meadows ranch <themeadowsranch@gmail.com> wrote: <br />CONFIDENTIALITY NOTICE: This email message is for the sole use of the named recipient(s) and may <br />i <br />