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Berry, David <br />From: Berry, David <br />Sent: Wednesday, May 16, 2012 5:50 PM <br />To: Chris Kamper <br />Cc: Jeff Fugate; Berry, David <br />Subject: FW: 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 />Hello Chris — Here is the information previously requested from Mr. Guire. You will find my note to Mr. Guire at the <br />bottom of this email sequence. <br />Please provide a response from WFC at your earliest convenience. <br />Thank you, <br />David Berry <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 />David, <br />Gee, CoNlY <br />Ai( c( <br />i <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(a,gmail.com> wrote: <br />