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Berry, David <br />— 6e ow' <br />Pt( e5C <br />From: Jim Guire (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 />Attachments: 19920421 Assignment of Mining Leases.pdf; 1956SMPA Edna Coal lease.pdf; 19600308 <br />SMPA Edna Coal Lease Amendment.pdf; 19600318 Release of Lease.pdf; 19620930 <br />Addendum to Mining Lease.pdf; 19630912Agreement of Assignment.pdf; 19770512 <br />Addendum to Mining Lease.pdf; 19920219Extension of mining lease.pdf; Expiration Dates <br />highlighted.doc <br />David, <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 />contain proprietary, confidential and privileged information. Any unauthorized review, use, disclosure, or <br />distribution of this message or any attachments is expressly prohibited. If you are not the intended recipient, <br />please contact the sender by reply email and destroy all copies of the original message. <br />Begin forwarded message: <br />From: "Berry, David" <David.Berry@state.co.us> <br />Date: May 4, 2012 6:07:12 PM MDT <br />To: <themeadowsranch(&,,gmail.com> <br />Cc: "Berry, David" <David.Berry@state.co.us> <br />Subject: Right of Entry Issue - New Horizon Mine <br />1 <br />