Case 3:19-bk-30292 Claim Number: 191 Claim 9-1 Filed 08/07/19 Desc Main Document Page 1 of 3 Case Claim 9-1 Filed 08/07/19 Desc Main Document Page 2 ofE Ghee Information About the claim are of the Date the Case Hes Filed 6. Do you have any number debtor? awe you use to Identify the El Yes. Last 4 digits oflhe debtor?s account or any number you use to identity the debtor: How much Is the claim? 5 21232-49162 . Does this amount Include Interest. or otherohergee? No it Yes. Attach statement itemizing interest. fees. expenses. or other charges required by Bankruptcy Rute B. Whittle the basis otthe claim? Examples: Goods sold. money loaned. lease. serylces performed. personal injury or wrongful death. or oredttcard. Attach redacted copies of any documents supporting the claim required by Bankruptcy Limit disclosing lnfonnation that is entitled to privacy. such as health cereinionnation. Leasehold Royalties 9. is all or part of the cteim secured? Ohio 3 Yes. The claim is secured by a lien on property._ Nature of property: a Re el estate. ii the claim is secured by the debtor's principal residence. ?le a Mortgage Proof of Claim Attachment {Of?cial Form 41 with this Proof of Ole?n. El Motor vehicle El Other. Describe: Baslsforpamuom Deed of Overriding Royalty Attach redacted copies of documents. if any. that show evidence of perfection of a security lnterest?'or example. a mortgage. lion. certi?cate oititto. ?nancing statement. or other document that shows the lien has been ?led or recorded.) Value of property: 3 unknown Amountofthe claimtltatiesecured: 2.282.492.62 Amount of the claim that Is unsecured: sum of the and unsecured - amounts should match the amount in Arnount necessary to cure any default es of the date of the petition: 2232-49162 Annual interest Rate {when case was ?led) 3-00 er. a right of setotf? 3 Fixed El Variable 10. Is this claim based one No lease? a You. Amount necessary to cure any deieult es of the date oi 3M 11. is this claim subject too a No :1 Yes. identity the property: Mndl?ed O?tclel F0111: 419 F'reolr of claim page 2 Case Claim 9-1 Filed 08/07/19 Desc Main Document Page part of the claim 11 LLSIJ. 5011a}? A claim may be partly priority and partly nonprio rity. For example. in some categories. the law limits the amount entitled to priority. entitled to priority under El No . Yes. Check one: Amount: entitled to- Domestic support obligations (including alimony and child support} under 11 U.S.C. Shi'iaitiitA} or 5 El Up to 53.1325" of deposits toward purchase. lease. or rental of property or servicesior personal. family. or household use. 11 U.S.C. 5 Wages. salaries, or commissions (up to $13.650') earned within 130 days beforethe bankruptcy petition is ?led or the debtor's business ends. whichever iseariier. 11 U.S.C. serious}. Taxes or penalties owed to govemmental units. 11 U33. 5 507(c)(8). 3 El Contributions to an employee benefit plan. 11 U.S.C. ?niteli?t. 5 Other. Specify subsection of 11 use. 5 sorta}: that applies. Amounts are subject to adiuslrnent on arenas and every 3 years after that for cases begun on or after the date of adiustment. 3 :lrtorlty 13. Is all or part of the claim entitled to administrative priority pursuant to 11 U.S.C. 503mm}? .No Yes. Indicate the amount of your claim arising from the value of any goods received 5 by the Debtor within 20 days beiore the date of commencement of the above case. In which the goods have been sold to the Debtor in the ordinary course of such Debtor's business. Attach documentation supporting such claim. Sign Bellow The person completing this proof of claim must sign and date It. FRBP Slit-lib}. If you file this claim electronically. FRBP authorizes courts to establish local miss specifying what a signature is. A person who ?les a fraudulent claim could be fined up to 55903011, imprisoned for up to 5 years. or both. 18 U.S.C. 152. 15?. and 35:31. Check the appropriate box: i am the creditor. I am the creditor?s attorney or authorized agent. El I am the trustee. or the debtor. or their authorized agent. Bankruptcy Rule 3904. El 1 am a guarantor. surety. endorser. or other codeblor. Bankruptcy Rule 3005. I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating amount of the claim. the creditor gave the debtor credit for any payments received toward thedebt. I have examined the Enron-nation in this Proof of Claim and have a reasonable belief that the information is true and correct. 1 declare under penalty of perjury that the foregoing is true and correct. Executed on date Signature Print the name of the person who Is completing and signing this claim: Patricia A. Hoops the Name First name Middle name Last name Title Manager Company Triple Real Estate. LLC Identify the corporate servicer as the company if the authorized agent is a servicer. Mm? 1051 Maln Street Number Street Milton WV 25541 City State ZIP Code Contact phone Email Modified Of?cial Form 410 Proof o! Claim page 3 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attach a?J; 29 Book 436 Page 807 by angte DEED OF OVERRIDING ROYALTY 'nrs DEED or OVERRIDING ROYALTY (this ?Deed", dated this 4; day of - 2016 by .and between Revelation Energy. LLC, a Kentucky limited liability company with an address Of 1051 Main Street, Milton, West Virginia 25541 (?Grantor?), and Triple it Real Estate, LLC, a West Virginia limited liability company, with an address of 1051 Main Street, Milton, West Virginia 25541 (collectively, ?Grentee?). . WHEREAS, Grantor is the lessee and owner of certain real pmporty interests described on ElthihiLA attached hereto and incorporated herein by reformed (collectively, the ?Property"); WHEREAS, Greater acquired its interests in the Property through Underlying Agreements signed during two separate transactions, the ?rst pursuant to the terms of that certain Pruohnse and sale Agreement dated July 25-, 2014 and ancillary transactional documents by and among Cumberland River Coal Company and Ark Land Company, 89 Sellers and Grantor as Buyer, and the second pursuant to the terms of that certain Asset Purchase Agreement dated July 31, 2015 and ancillary transactional documents by and between Resource Land Company LLC, Resource Development LLC, Harlan Reclamation Services LLC, Pigeon Creek Processing Corporation, Mill Branch Coal CorporatiOn, North Fork Coal Corporation as Sellers and Grantor as Buyer. (the ?Underlying ligaments?); and WHEREAS, Grantor wishes to execute this Deed pursuant to its receipt of certain ?nancial incentives from Grantee that Grantee has provided to Grentor during 2016. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and Suf?ciency of which are hereby acknowledged, Grantcr hereby grants and conveys to Grantee, its successors and assigns, an overriding royalty interest in the Property, as more particularly set forth below, TO HAVE AND TO HOLD such overriding royalty, together with all appurtenances and privileges thereunder belonging, unto Grantee, its succession and assigns forever. The parties do further agree as follows: 1. W. Grantor- hereby continue and grants to Grantee, tree and clear of all liens and encumbrances, an overriding royalty interest in all of the coal in place within the Property. Further, Grantor agrees to pay to Grantee an overriding royalty equal in each month to the greater of One Percent of the Gross Selling Price (as de?ned below) for any and all coal mined and sold from the Property or Fitty Cents per ton of coal mined and sold from the Property. The foregoing property interest and accompanying payment obligation are collectively referred to herein as the 2. When used herein, the Gross Selling Price is de?ned the average sales price received per ten by Grantor or its successors and assign for the coal sold the Property to a third-party during a bona?de suns-length n'ansaction, F.0.B. mine, during any 1 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 2 of Book 435 Page 808 Printed by angle 29 calendar month, without deduction of any brokerage fees, taxes, sales or selling expenses, preparation or loading charges, nanSportation costs, or any other costs, deductions or charges whatsoever. If any coal from the Property is sold or transferred. during other than a bone ?ds arms-length transaction, the Gross Selling Price shall bede?ned as the greater of the amount determined pmsuant to the ?rst sentence of this Paragraph and the per ton average selling price received by Grantor or its successors and assigns for bona ?de, sons-length sales of similar . quality coal during the period, without deduction. 3. ati n. The ORR shall be due and payable to Grantee, without demand, on the twenty~??b (25 day of each calendar month for all coal mined and sold from the Property during the preceding calendar month. At the time payment is sent, Greater shall deliver to Grantee at the address set ?forth in the proambls hereto, or as otherwise directed by Grantee in Writing the ORR payment amount in cash or immediately available ?lmds, and a royalty report (in form reasonably satisfactory to Grantee) showing for the preceding month the quantity of coal mined ?om the Property and such other information as shall reasonably be requested by Grantee. Weights shall be determined by use of certi?ed scales, tested and corrected at least once each year, or if certi?ed scales are not available, then by procedures standard in the coal industry that are mutually acceptable to Grantor and Grantee. 4. OR Rum thh' the Land. The 0RR,.including all obligations for payment and other obligations of Grantor herein, shall be considered an interest in real estate and shall be an interest that runs with the Property and each parcel and piece of the Property, and shall be binding on Glamor, its successors and assigns, and all subsequent owners of and successors in title to the Property. Grantor?s successors and assigns shall include, without limitation, any successor by sale of equity interests, and merger or other corporate restructure, grants: as debtor or debtor-in-possession in any bankruptcy or insolvency proceeding, and any transferees, pin-chassis, less-u, sublessees, and other persons acquiring any interest in any of the Property (any of the foregoing, it "Successor?O. All Successors shall take such interests subject to the ORR, and shall he charged with the ORR payment obligations provided herein. Grantor agrees to notify each such Successor of this Deed and its obligations hereunder, and to obtain and provide to Grantee a written sclerowledgement and assumption thereof, duly executed by such Successor.. prior to any Successor?s acquisition of any interest in the Property. Grantor and Grantee intend that the ORR (including the payment obligations act forth herein) shall constitute a real property interest in the Property, overriding and prior to all other present or ?rture interests in the portion of the Property represented by the ORR. Any provision hereof that would constitute a breach or event of default under any lease to the Property identi?ed on Mug shall be null, void, and inapplicable with respect to such lease. Grantee?s ORR and rights to the ORR are deemed to be fully vested as to the Property and shall be a cayenant running with the land, shall not be deemed violative of the rule against pet-penalties, and shall continue to be fully vested to the extent that the coal within the Property is covered by or subject to any renewal, extension, modi?cation, substitution, replacement or amendment of any existing or new lease, sublease, deed. license. or other contract granting Greater or any other entity the right to mine, sell or transfer the coal underlying the Property. 5. Records. Grantor shall keep one and accurate records of all cool mined from the Property, together with anytand all information required under this Deed or reasonably requested by Grantee. Grantee and its of?cers, agents, employees, engineers, accountants, attorneys and 2 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 3 of Sock 435 Page 809 Printed by angle 29 consultants, shall have the right, but not the obligation, to inspect and copy at all reasonable times the books and records of Greater, request and receive on a regular basis copies of maps prepared and maintained by Grantor in the ordinary course of business; and go upon and inspect the Property and Grantor?s, or its agent?s or contractor's, operations thereon, to con?rm compliance with the. terms of this Deed. All books, records, data and analyses concerning the mining of the coal ?out the Property shall be maintained for a period of three (3) years after the mining of such coal. 6. Tapes. Grantor shall pay, when and as due, any and all taxes, fees, and assessments imposed by any governmental authority with respect to the Property, without charge, cost or expense to Grantee, including but not limited to ad valorem taxes, severance taxes, and nan-lined minerals taxes, and shall, upon request of Grantee, provide Grantee copies of all tax retro-no prepared in connection with such ad valorem, severance, and unmined mineral taxes. 7. ppm]; gill gernedias. in the event of any failure by Grantor or its Successors to pay the OR as and when due, or to perform any other covenant or obligation of Grantor hereunder, Grantee shall be entitled to all the rights and remedies available to it at law, in equity, by contract or otherwise, and may bring preceedings in equity or at law or take such steps as it may deem advisable to protect and enforce its rights hereunder. Upon any payment default hereunder and during the continuance thereof, the interest rate applied to outstanding monies owed to Grantee shall be 8% per annum (or, if less, the highest rate permissible under applicable law). All such remedies shall be damned to be cumulatiVe and not exclusive and Grantee may exercise one or more remedies from time to time. In the event of any default pursuant to this Deed, Grantor will pay to Grantee such further amounts as shall lie suf?cient to fully reimburse Grantee for any and all. of its neural out of pocket costs and expenses incurred while enforchig its rights and remedies under this Deed, including but not limited to, reasonable attomeys? fees and court costs. 8. 2mm. While the ORR granted herein may be perpetual, if any court of competent jurisdiction should determine in an appropriate proceeding that the duration of the ORR renders this conveyance illegal, void or unenforceable, then the interest herein. conveyed shall be limited to a term equal to the longest permissible term that would not render this conveyance. illegal, void, or unenforceable. 9. Grantor agrees to pay Grantee, on demand, all fees, costs, and expenses (including reasonable attomeys? fees and expenses and fees and expenses of other professionals) that Grantee may incur or pay in enforcing or protecting Grantee's rights hereunder. 10.. Assuming, Greater may not assign this Deed or any of its rights, interests or obligations hereunder (whether by operation of law or otherwise), without the prior written consent ofGrantee. 11. No addition to, amendment to, or modi?cation of any provision of this Deed shall be binding upon either party unless in writing and signed by both parties. This Deed shall be governed by and construed in tho accordance with the laws of the Commonwealth 3 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 4 of 300K435 Page 810 Printed byangle 29 of Kentucky without reference to eon?iets of law principl. If any provision of this Deed shall be ?nally determined to be unenforceable, illegal or tmlawful, such provision shall be deemed to be severed from the Deed and the remainder of the Deed shall continue. to be effective and enforceable. The undersigned person executing this Deed on behalf of Grantor represents and certi?es that be is a duly elected of?cer of Greater and has been fully empowered by proper resolution of the governing body of Grantor to execute and deliver this Deed; that Grantor has full power and authority to convey the real estate herein; and that all necessary action for the makingof such conveyance has been taken and done. WHEREOF, the parties hereto have caused this Deed to be executed as of the date set forth above. GRANTOR: . REVELATION ENERGY, LLC GRANTEE: STATE OF WEST VIRGINIA )ss COUNTY OF. CABELL The tegeing instrument was to, subscribed. and acknowledged before me this it: day 0 2016, by Jeffery A. Hoops, as President of ReVelatton Energy, LLC, a Kentu imited liability company, for and on behalf .of said company, as Grantor. My Commission Expires: 1km 5.80? i i (SEAL) NOTARY PUBLIC 57? emulate - I ummsm . Amish! 1mm . Scott meats Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 5 of Book 435 Page 811 Printed by angie 29 STATE 0W gas COUNTY The egoing instrument was ,?qxiny to, subscribed, and achowledged befome me this to day of WW giggle Real Estate 11 est Vir a limited liability company, for and on behalf of said company, as Grantee. My Commission Expircs?Mam .. g?w?i men Wmnm?pmmaum . . v" NOTARY PUBLIC This prepared 5 Spring Gate Drive London, Kentucky 40741 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 6 of look 436 Page 812 Printed by angie 29 EEIBIT A PROPERTY. DESCRIPTION The real' property rights. estates and interests-acquired by Revelation Energy, LLC, a Kentucky limited liability company, pursuant to the following: 1. 5. 8. Assignment.? Real Property Agreements-effective as of July 31, 2015 between Resource Development LLC, Resource Land Company LLC, North Fork Coal Carporation and Revelation Energy, LLC, as recorded in Mortgage Book 436, Page 2.42 in the Office oftho Harlan County Clerk. Special Warranty Deed made and entered intone 2015 among Resource Development LLC, Resource Land Company LLC and Revelation Energy, LLC, as recorded in Deed Book 460,?age539 in. the 001cc of the Harlan County Clerk. Assignment of Real Property Agreements e??ective as of uly 31, 2015 between Resource Development Harlan Reclamation Services LLC and Revelation Energy, LLC, as recorded in [Anne Book 66, Page.175.ln the Of?ce of the Letcher County Clerk. Special Warranty Deed made and entered into as of July 31, 2015 between Pigeon Creek Processing Corporation. and Revelation Energy, as recorded at Instrument Number 201600915 in the Of?ce of the Comm'onvreolth of Virginia, Wise County Clerk. Special Warranty Deed madeand-entered Into as oi July 31, 2015 between Mill Branch Coal Corporation, Osaka Mining Corporation and Revelation. Energy, LLC as recorded as Instrument Number 201600916 in .the Of?ce of the Commonwealth ol? Virginia, WiserCounty Clerk. . Assignment o'fReal'Property Agreements effective as of. July 31, 2015 between Resource Development ILLC, Pigeon Creek Processing Corporation. and North Fork Coal Corporation and Revelation Energy, LLC. unrecorded. Burmese-and Sale Agreement dated July 25, 2014, as amended, by and among Cumberland River Coal and Revelation Energy, LLC, unrecorded (leases of Schedule 2.1). . Amended, Consolidated and Restated Coal Mining Lease dated July 31, 2015 by and between ACIN LLC and Revelation Energy, LLC, unrecorded. Deed dated April 7, 2016 by and between Jewell Smokeless Coal Corporation and Revelation Energy. LLC. Case Claim 9-1 Part2 Filed 08/07/19 Desc'at?tachment 29 ORR. m4 cit) ?no Mb #1940 DEED OF OVERRIDING ROYALTY THIS DEED OF OVERRIDING ROYALTY (this ?Deed?), dated this day of as?: gag: 2016 by and between Revelation Energy, LLC, a Kentucky limited liability company with an address of 1051 Main Street, Milton, West Virginia 25541 (?Grantor?), and Triple Real Estate, LLC, a West Virginia limited liability company, with an address of 1051 Main Street, Milton, West Virginia 25541 (collectively, ?Grantee?). WITNESSETH: WHEREAS, Grantor is the lessee and owner of certain real property interests described on Exhibit A attached hereto and incorporated herein by reference (collectively, the ?Property?); WHEREAS, Grantor acquired its interests in the Property through Underlying Agreements signed during two separate transactions, the ?rst pursuant to the terms of that certain Purchase and Sale Agreement dated July 25, 2014 and ancillary transactional documents by and among Cumberland River Coal Company and Ark Land Company, as Sellers and Grantor as Buyer, and the second pursuant to the terms of that certain Asset Purchase Agreement dated July 31, 2015 and ancillary transactional documents by and between Resource Land Company LLC, Resource Development LLC, Harlan Reclamation Services LLC, Pigeon Creek Processing Corporation, Mill Branch Coal Corporation, North Fork Coal Corporation as Sellers and Grantor as Buyer. (the ?Underlying Agreements?); and WHEREAS, Grantor wishes to execute this Deed pursuant to its receipt of certain ?nancial incentives from Grantee that Grantee has provided to Grantor during 2016. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and suf?ciency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, an overriding royalty interest in the Property, as more particularly set forth below, TO HAVE AND TO HOLD such overriding royalty, together with all appurtenances and privileges thereunder belonging, unto Grantee, its successors and assigns forever. The parties do further agree as follows: 1. Overriding Royalty. Grantor hereby con?rms and grants to Grantee, free and clear of all liens and encumbrances, an overriding royalty interest in all of the coal in place within the Property. Further, Grantor agrees to pay to Grantee an overriding royalty equal in each month to the greater of One Percent of the Gross Selling Price (as de?ned below) for any and all coal mined and sold from the Property or Fifty Cents per ton of coal mined and sold from the Property. The foregoing property interest and accompanying payment obligation are Collectively referred to herein as the 2. Gross Selling Price. When used herein, the Gross Selling Price is de?ned as the average sales price received per ton by Grantor or its successors and assign for the coal sold from the Property to a third-party during a bona ?de aims-length transaction, F.O.B. mine, during any 1 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment 29 calendar month, without deduction of any brokerage fees, taxes, sales commissions, or selling expenses, preparation or loading charges, transportation costs, or any other costs, deductions or charges whatsoever. If any coal from the Property is sold or transferred during other than a bona ?de arms-length transaction, the Gross Selling Price shall be de?ned as the greater of the amount determined pursuant to the ?rst sentence of this Paragraph and the per ton average selling price received by Grantor or its successors and assigns for bona ?de, arms-length sales of similar quality coal during the period, without deduction. 3. Pament Obligation. The ORR shall be due and payable to Grantee, without demand, on the twenty-?fth day of each calendar month for all coal mined and sold from the Property during the preceding calendar month. At the time payment is sent, Grantor shall deliver to Grantee at the address set forth in the preamble hereto, or as otherwise directed by Grantee in writing the ORR payment amount in cash or immediately available ?mds, and a royalty report (in form reasonably, satisfactory to Grantee) showing for the preceding month the quantity of coal mined from the Property and such other information as shall reasonably be requested by Grantee. Weights shall be determined by use of certi?ed scales, tested and corrected at least once each year, or if certi?ed scales are not available, then by procedures standard in the coal industry that are mutually acceptable to Grantor and Grantee. 4. ORR Runs with the Land. The ORR, including all obligations for payment and other obligations of Grantor herein, shall be considered an interest in real estate and shall be an interest that runs with the Property and each parcel and piece of the Property, and shall be binding on Grantor, its successors and assigns, and all subsequent owners of and successors in title to the Property. Grantor?s successors and assigns shall include, without limitation, any successor by sale of equity interests, and merger or other corporate restructure, grantor as debtor or debtor-in-possession in any bankruptcy or insolvency proceeding, and any transferees, purchasers, lessees, sublessees, and other persons acquiring any interest in any of the Property (any of the foregoing, a ?Successor?). All Successors shall take such interests subject to the OR, and shall be charged with the ORR payment obligations provided herein. Grantor agrees to notify each such Successor of this Deed and its obligations hereunder, and to obtain and provide to Grantee a written acknowledgement and assumption thereof, duly executed by such Successor, prior to any Successor?s acquisition of any interest in the Property. Grantor and Grantee intend that the ORR (including the payment obligations set forth herein) shall constitute a real property interest in the Property, overriding and prior to all other present or future interests in the portion of the Property represented by the ORR. Any provision hereof that would constitute a breach or event of default under any lease to the Property identi?ed on EMA shall be null, void, and inapplicable with respect to such lease. Grantee?s ORR and rights to the ORR are deemed to be fully vested as to the Property and shall be a covenant running with the land, shall not be deemed violative of the rule against pcrpetuities, and shall continue to be fully vested to the extent that the coal within the Property is covered by or subject to any renewal, extension, modi?cation, substitution, replacement or amendment of any existing or new lease, sublease, deed, license, assignment or other contract granting Grantor or any other entity the right to mine, sell or transfer the coal underlying the Property. 5. Records. Grantor shall keep true and accurate records of all coal mined from the Property, together with any and all information required under this Deed or reasonably requested by Grantee. Grantee and its of?cers, agents, employees, engineers, accountants, attorneys and 2 We, Case Claim 9-1 Part2 Filed 08/07/19 Desc Attachment Page @Bfwi if? 29 consultants, shall have the right, but not the obligation,.to inspect and copy at all reasonable times the books and records of Grantor, request and receive on a regular basis copies of maps prepared and maintained by Grantor in the ordinary course of business; and go upon and inSpect the Property and Grantor?s, or its agent?s or contractor?s, operations thereon, to con?rm compliance with the terms of this Deed. All books, records, data and analyses concerning the mining of the coal from the Property shall be maintained for a period of three (3) years after the mining of such coal. 6. Taxes. Grantor shall pay, when and as due, any and all taxes, fees, and assessments. imposed by any governmental authority with respect to the Property, without charge, cost or expense to Grantee, including but not limited to ad valorem taxes, severance taxes, and unmined minerals taxes, and shall, upon request of Grantee, provide Grantee copies of all tax returns prepared in connection with such ad valorem, severance, and unmined mineral taxes. 7. Default and Remedies. In the event of any failure by Grantor or its Successors to pay the OR as and when due, or to perform any other covenant or obligation of Grantor hereunder, Grantee shall be entitled to all the rights and remedies available to it at law, in equity, by contract or otherwise, and may bring proceedings in equity or at law or take such steps as it may deem advisable to protect and enforce its rights hereunder. Upon any payment default hereunder and during the continuance thereof, the interest rate applied to outstanding monies owed to Grantee shall be 8% per annum (or, if less, the highest rate permissible under applicable law). All such remedies shall be deemed to be cumulative and not exclusive and Grantee may exercise one or more remedies from time to time. In the event of any default pursuant to this Deed, Grantor will pay to Grantee such further amounts as shall be suf?cient to fully reimburse Grantee for any and all of its actual out of pocket costs and expenses incurred while enforcing its rights and remedies under this Deed, including but not limited to, reasonable attorneys? fees and court costs. 8. Duration. While the ORR granted herein may be perpetual, if any court of competent jurisdiction should determine in an appropriate proceeding that the duration of the ORR renders this conveyance illegal, void or unenforceable, then the interest herein conveyed shall be limited to a term equal to the longest permissible term that would not render this conveyance illegal, void, or unenforceable. 9. Pg and Expenses. Grantor agrees to pay Grantee, on demand, all fees, costs, and expenses (including reasonable attorneys? fees and expenses and fees and expenses of other professionals) that Grantee may incur or pay in enforcing or protecting Grantee?s rights hereunder. 10. Assiggment. Grantor may not assign this Deed or any of its rights, interests or obligations hereunder (whether by operation of law or otherwise), without the prior written consent of Grantee. 11. Miscellaneous. No addition to, amendment to, or modi?cation of any provision of this Deed shall be binding upon either party unless. in writing and signed by both parties. This Deed shall be governed by and construed in theaccordance with the laws of the Commonwealth 3 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 10 7 of29 of Kentucky without reference to con?icts of law principles. If any provision of this shall be ?nally determined to be unenforceable, illegal or unlawful, such provision shall be deemed to be severed from the Deed and the remainder of the Deed shall continue to be effective and enforceable. The undersigned person executing this Deed on behalf of Grantor represents and certi?es that he is a duly elected of?cer of Grantor and has been fully empowered by proper resolution of the governing body of Grantor to execute and deliver this Deed; that Grantor has full power and authority to convey the real estate herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, the parties hereto have caused this Deed to be executed as of the date set forth above. GRANTOR: REVELATION ENERGY, LLC By: . H00ps, President GRANTEE: TRIPLE REAL ESTATE, LLC Name: Title: 325%)? $5 STATE OF WEST VIRGINIA )ss COUNTY OF CABELL The fore oing instrument was sworn to, subscribed, and acknowledged before me this 2 day of tiling? ?a 2016, by Jeffery A. Hoops, as President of Revelation Energy, LLC, a Kentucky limited liability company, for and on behalf of said company, as Grantor. My Commission Expires: (SEAL) NOTARY PUBLIC vv? . I - .4- - Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 117? of29 STATE OF )ss COUNTY OF A The foregoing instrument was sworn to, bscribed, and acknowledged before me this dayof 2016, by %d . as of Triple Real Estate, a est Virgi a limited liability company, for and on behalf of said company, as Grantee. My Commission Expires: ??zzm 5 9012 A- Of?cial MMeadm -.- NOTARY PUBLIC This instrument prepared by: .427? e- -- yeiena Racin Jackson . Spring Gate Drive a London, Kentucky 40741 Case Claim 9-1 Part2 FiledIO8/O7/19~ Desc Attachment Page 12 .of29 . Brdn?r?ty Page 13 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment of29 duo 2.3m 9m 628.33 ., -umemj 2304 I 2. I . . 0 85,? .w . .. -.. Case Claim 9-1 Part 2 Filed 08/07/19 Desc ?Atteifrhmehtll Page 14 of 29 350:?) .. tit-J0 BOOK 44 PAGE 40 (6) mp nab-?m DEED 0F OVERRIDING ROYALTY THIS DEED OF OVERRIDING ROYALTY (this ?Deed" dated this day of 2016 by and between Revelation Energy, LLC, a Kentucky limited liability company with an address of 1051 Main Street, Milton, West Virginia 25541 (?Grantor?), and Triple 1-1 Real Estate, LLC, a West Virginia limited liability company, with an address of 105l Main Street, Milton, West Virginia 25541 (collectively, ?Grantee"). WITNESSETH: WHEREAS, Grantor is the lessee and owner of certain real preperty interests described on Exhibit A attached hereto and incorporated herein by reference (collectively, the ?Pr0perty"); WHEREAS, Grantor acquired its interests in the Property through Underlying Agreements signed during two separate transactions, the ?rst pursuant to the terms of that certain Purchase and Sale Agreement dated July 25, 2014 and ancillary transactional documents by and among Cumberland River Coal Company and Ark Land Company, as Sellers and Grantor as Buyer, and the second pursoant to the terms of thatcertain Asset Purchase Agreement dated July 31, 2015 and ancillary transactional documents by and between Resource Land Company LLC, Resource Development LLC, Harlan Reclamation Services LLC, Pigeon Creek Processing Corporation, Mill Branch Coal Corporation, North Fork Coal Corporation as Sellers and Grantor as Buyer. (the ?Underlying Agreements?); and WHEREAS, Grantor wishes to execute this Deed pursuant to its receipt of certain ?nancial incentives from Grantee that Grantee has provided to Grantor during 2016. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and suf?ciency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, an overriding royalty interest in the Property, as more particularly set forth below, TO HAVE AND TO HOLD such overriding royalty, together with all appurtenances and privileges thereunder belonging, unto Grantee, its successors and assigns forever. The parties do ?rrther agree as follows: Overriding Royalty. Grantor hereby con?rms and grants to Grantee, he and clear of all liens and encumbrances, an overriding royalty interest in all of the coal in place within the Property. Further, Grantor agrees to pay to Grantee an overriding royalty equal in each month to the greater of One Percent of the Gross Selling Price (as de?ned below) for any and all coal mined and sold from the Property or Fifty Cents per ton of coal mined and sold from the Property. The foregoing property interest and accompanying payment obligation are collectively referred to herein as the 2. Gross Selling Price. When used herein, the Gross Selling Price is de?ned as the average sales price received per ton by Grantor or its successors and assign for the coal sold from the Property to a third-party during a bona?a'e arms-length transaction, F.O.B. mine, during any 1 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 15 of29 calendar month, without deduction of any brokerage fees, taxes, sales commissions, or selling expenses, preparation or loading charges, transportation costs, or any other costs, deductions or charges whatsoever. If any coal from the Property is sold or transferred during other than a bona ?de arms-length transaction, the Gross Selling Price shall be de?ned as the greater of the amount determined pursuant to the ?rst sentence of this Paragraph and the per ton average selling price received by Grantor or its successors and assigns for bona ?de, arms-length sales of similar quality coal during the period, without deduction. 3. Payment Obligation. The ORR shall be due and payable to Grantee, without demand, on the twenty-?fth (25? day of each calendar month for all coal mined and sold from the Pr0perty during the preceding calendar month. At the time payment is sent, Grantor shall deliver to Grantee at the address set forth in the preamble hereto, or as otherwise directed by Grantee in writing.(a) the ORR payment amount in cash or immediately available funds, and a royalty report (in form reasonably satisfactory to Grantee) showing for the preceding month the quantity of coal mined from the Property and such other information as shall reasonably be requested by Grantee. Weights shall be determined by use of certi?ed scales, tested and corrected at least once each year, or if certi?ed scales are not available, then by procedures standard in the coal industry that are mutually acceptable to Grantor and Grantee. 4. OR Runs with the Land. The ORR, including all obligations. for payment and other obligations of Grantor herein, shall be considered an interest in real estate and shall be an interest that runs with the Property and each parcel and piece of the PrOperty, and shall be binding on Grantor, its successors and assigns, and all subsequent owners of and successors in title to the Property. Grantor?s successors and assigns shall include, without limitation, any successor by sale of equity interests, and merger or other corporate restructure, grantor as debtor or debtor-in-possession in any bankruptcy or insolvency proceeding, and any transferees, purchasers, lessees, sublessees, and other persons acquiring any interest in any of the Property (any of the foregoing, a ?Successor"). All Successors shall take such interests subject to the ORR, and shall be charged with the ORR payment obligations provided herein. Grantor agrees to notify each such Successor of this Deed and its obligations hereunder, and to obtain and provide to Grantee a written acknowledgement and assumption thereof, duly executed by such Successor, prior to any Successor?s acquisition of any interest in the Property. Grantor and Grantee intend that the OR (including the payment obligations set forth herein) shall constitute a real property interest in the Property, overriding and prior to all other present or future interests in the portion of the Pr0perty represented by the ORR. Any provision hereof that would constitute a breach or event of default under any lease to the Property identi?ed on Exhibit A shall be null, void, and inapplicable with respect to such lease. Grantee?s ORR and rights to the ORR are deemed to be fully vested as to the Property and shall be a covenant running with the land, shall not be deemed violative of the rule against perpetuities, and shall continue to be fully vested to that the coal within the Property is covered by or subject to any renewal, extension, modi?cation, substitution, replacement or amendment of any existing or new lease, sublease, deed, license, assignment or other contract granting Grantor or any other entity the right to mine, sell or transfer the coal underlying the Property. 5. Records. Grantor shall keep true and accurate records of all coal mined from the Property, together with any and all information required under this Deed or reasonably requested by Grantee. Grantee and its of?cers, agents, employees, engineers, accountants, attorneys and 2 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 16 of29 consultants, shall have the right, but not the obligation, to inspect and c0py at all reasonable times the books and records of Grantor, request and receive on a regular basis cepies of maps prepared and maintained by Grantor in the ordinary course of business; and (0) go upon and inspect the Preperty and Grantor's, or its agent?s or contractor?s, operations thereon, to con?rm compliance with the terms of this Deed. All books, records, data and analyses concerning the mining of the coal from the Property shall be maintained for a period of three (3) years after the mining of such coal. 6. Taxes. Grantor shall pay, when and as due, any and all taxes, fees, and assessments imposed by any governmental authority with reSpect to the Property, without charge, cost or expense to Grantee, including but not limited to ad valorem taxes, severance taxes, and unmined minerals taxes, and shall, upon request of Grantee, provide Grantee copies of all tax returns prepared in connection with such ad valorem, severance, and unmined mineral taxes. 7. Default and Remedies. In the event of any failure by Grantor or its Successors to pay the OR as and when due, or to perform any other covenant or obligation of Grantor hereunder, Grantee shall be entitled to all the rights and remedies available to it at law, in equity, by contract or otherwise, and may bring proceedings in equity or at law or take such steps as it may deem advisable to protect and enforce its rights hereunder. Upon any payment default hereunder and during the continuance thereof, the interest rate applied to outstanding monies owed to Grantee shall be 8% per annum (or, if less, the highest rate permissible under applicable law). All such remedies shall be deemed to be cumulative and not exclusive and Grantee may exercise one or more remedies from time to time. In the event of any default pursuant to this Deed, Grantor will pay to Grantee such further amounts as shall be suf?cient to fully reimburse Grantee for any and all of its actual out of pocket costs and expenses incurred while enforcing its rights and remedies under this Deed, including but not limited to, reasonable attomeys? fees and court costs. 8. Duration. While the ORR granted herein may be perpetual, if any court of competent jurisdiction should determine in an appropriate proceeding that the duration of the ORR renders this conveyance illegal, void or unenforceable, then the interest herein conveyed shall be limited to a term equal to the longest permissible term that would not render this conveyance illegal, 'void, or unenforceable. 9. Fees and Expenses. Grantor agrees to pay Grantee, on demand, all fees, costs, and expenses (including reasonable attorneys? fees and expenses and fees and expenses of other professionals) that Grantee may incur or pay in enforcing or protecting Grantee?s rights hereunder. 10. Assigment, Grantor may not assign this Deed or any of its rights, interests or obligations hereunder (whether by operation of law or otherwise), without the prior written consent of Grantee. ll. Miscellaneous. No addition to, amendment to, or modi?cation of any provision of this Deed shall be binding upon either party unless in writing and signed by both parties. This Deed shall be governed by and construed in the accordance with the laws of the Commonwealth 3 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 17 of29 of Kentucky without reference to con?icts of law principles. If any provision of this Deed shall be ?nally determined to be unenforceable. illegal or unlawful, such provision shall be deemed to be severed from the Deed and the remainder of the Deed shall continue to be e??ective and enforceable. The undersigned person executing this Deed on behalf of Greater represents and certi?es that he is a duly elected of?cer of Grantor and has been fully empowered by proper resolution of the governing body of Grantor to execute and deliver this Deed; that Grantor has full power and authority to convey the real estate herein; and that all necessary action for the making of such conveyance has been'taken and done. IN WITNESS WHEREOF, the parties hereto have caused this Deed to be executed as of the date set forth above. GRANTOR: REVELATION ENERGY, LLC By: Hoops, President GRANTEE: TRIPLE REAL ESTATE, LLC By: Name: Title: ?Jg?g 44- @5 STATE OF WEST VIRGINIA )ss COUNTY OF CABELL The fore oing instrument was sworn to, subscribed, and acknowledged before me this 2 day of 2016, by Jeffery A. Hoops, as President of Revelation Energy, LLC, a Kentucky limited liability company, for and on behalf of said company, as Grantor. My Commission Expires: (SEAL) NOTARY PUBLIC Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 18 of29 Exhibit A Property The real property rights, estates and interests acquired by Revelation Energy, LLC, a Kentucky limited liability company, pursuant to the following: 1. Assignment of Real Property Agreements effective as of July 31, 2015 between Resource Development LLC, Resource Land Company LLC, North Fork Coal Corporation and Revelation Energy, LLC, as recorded in Mortgage Book 436, Page 242 in the Of?ce of the Harlan County Clerk. 2. Special Warranty Deed made and entered intoas of July 31, 2015 among Resource Development LLC, Resource Land Company LLC and Revelation Energy, LLC, as recorded in Deed Book 460, Page 539 in the Of?ce of the Harlan County Clerk. 3. Assignment of Real Property Agreements effective as 01? July 31, 2015 between Resource Development LLC, Harlan Reclamation Services LLC and Revelation Energy, LLC, as recorded in Lease Book 66, Page 175 in the Of?ce of the Letcher County Clerk. 4. Special Warranty Deed made and entered into as of July 31, 2015 between Pigeon Creek Processing Corporation and Revelation Energy, LLC, as recorded as instrument Number 201600915 in the Of?ce of the Commonwealth of Virginia, Wise County Clerk. 5. Special Warranty Deed made and entered into as of July 31, 2015 between Mill Branch Coal Corporation, Osaka Mining Corporation and Revelation Energy, LLC as recorded as Instrument Number 201600916 in the Of?ce of the Commonwealth of Virginia, Wise County Clerk. 6. Assignment of Real Property Agreements effective as of July 31, 2015 between Resource Development LLC, Pigeon Creek Processing Corporation and North Fork Coal Corporation and Revelation Energy, LLC, unrecorded. 7. Purchase and Sale Agreement dated July 25, 2014, as amended, by and among Cumberland River Coal Company, Ark Land Company and Revelation Energy, LLC, unrecorded (leases at Schedule 2.1). 8. Amended, Consolidated and Restated Coal Mining Lease dated July 31, 2015 by and between ACIN LLC and Revelation Energy, LLC, unrecorded. S'm'l'll KENTUCKWCOUNTY 0F HARLAN DONNA G. Clerk of the County in and for the (?mmty and State certify that the foregoing mtg, 912.74:th rung atlodged for record, whercup the samcwith the foregoing and this Certi?cate. have been duly recorded in my of?ce Filecr 011181201711z13:04 AM inmbg? BOOK NO. 513 PAGE :lD Donna Hoskins, County Clerk Witness my hand this day anan ounty, KY DONNA erk APRIL LEWIS EWWDC. ?6 Case Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Page 19 of29 Summary of Override Royalties TRIPLE REAL ESTATE Month 1% GSP or $0.50 PT Aug-15 - Sep-15 5 - Oct-15 - Nov-15 - Dec-15 - Jan-16 - Feb-16 - Mar-16 - Apr-16 May-16 - Jun-16 Jul-16 - Aug-16 - Sep-16 5 - Oct-16 - Nov-16 75,658.03 Dec-16 70,288.87 Jan?17 138,805.51 Feb-17 132,548.24 Mar-17 177,108.17 Apr-17 125,774.49 May-17 133,114.44 Jun-17 115,370.88 Jul-17 81,362.79 1,050,031.41 Rate Period Nominal Annual Rate Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Annual 8.000 CASH FLOW DATA of29 Event Date Amount Number Period End Date 1 Loan 12/25/2016 75,658.03 1 2 Loan 01/25/2017 70,288.87 1 3 Loan 02/25/2017 138,805.51 1 4 Loan 03/25/2017 132,548.24 1 5 Loan 04/25/2017 177,108.17 1 6 Loan 05/25/2017 125,774.49 1 7 Loan 06l25l2017 133,114.44 1 8 Loan 07/25/2017 115,370.88 1 9 Loan 08/25/2017 81,362.79 1 10 Loan 07/01/2019 1,232,461.21- 1 AMORTIZATION SCHEDULE - U.S. Rule (no compounding) Page 20 Page 1 Interest Interest Principal Balance Due Date Loan Payment Accrued Paid Paid Interest Principal Total Loan 12/25/2016 75,658.03 0.00 0.00 0.00 0.00 75,658.03 75,658.03 2016 Totals 75,658.03 0.00 0.00 0.00 0.00 Loan 01/25/2017 70,288.87 514.06 0.00 0.00 514.06 145,946.90 146,460.96 Loan 02/25/2017 138,805.51 991.64 0.00 0.00 1,505.70 284,752.41 286,258.11 Loan 03/25/2017 132,548.24 1,747.52 0.00 0.00 3,253.22 417,300.65 420,553.87 Loan 04/25/2017 177,108.17 2,835.36 0.00 0.00 6,088.58 594,408.82 600,497.40 Loan 05/25/2017 125,774.49 3,908.44 0.00 0.00 9,997.02 720,183.31 730,180.33 Loan 06/25/2017 133,114.44 4,893.30 0.00 0.00 14,890.32 853,297.75 868,188.07 Loan 07/25/2017 115,370.88 5,610.72 0.00 0.00 20,501.04 968,668.63 989,169.67 Loan 08l25/2017 81,362.79 6,581.64 0.00 0.00 27,082.68 1,050,031.42 1,077,114.10 2017 Totals 974,373.39 0.00 27,082.68 0.00 0.00 Loan 07/01/2019 1,232,461.21- 155,347.11 0.00 0.00 182,429.79 182,429.79- 0.00 2019 Totals 1,232,461.21- 0.00 155,347.11 0.00 0.00 Grand Totals 182,429.79- 0.00 82,429.79 0.00 0.00 Page 21 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement November 2016 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 21,629.17 21,629.17 65.86 1% GSP or $0.50 PT 0.66 14,244.97 D8 - Cloverlick 44,137.62 44,137.62 54.47 1% GSP or $0.50 PT 0.54 24,041.76 D9 - North Fork #$0.50 PT 0.50 - D10 - Dorchester - - - 1% GSP or $0.50 PT 0.50 - D11 - Panther 16,038.08 16,038.08 66.41 1% GSP or $0.50 PT 0.66 10,650.89 S17 - Cumberland 20,837.57 20,837.57 33.61 1% GSP or $0.50 PT 0.50 10,418.79 $29 - Cave Branch 32,603.25 32,603.25 37.94 1% GSP or $0.50 PT 0.50 16,301.63 75,658.03 Page 22 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement December 2016 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 16,854.35 16,854.35 66.89 1% GSP or $0.50 PT 0.67 11,273.87 D8 - Cloverlick 37,340.72 37,340.72 68.69 1% GSP or $0.50 PT 0.69 25,649.34 09 - North Fork #$0.50 PT 0.50 - D10 - Dorchester - - - 1% GSP or $0.50 PT 0.50 - 011 - Panther 16,251.18 16,251.18 67.44 1% GSP or $0.50 PT 0.67 10,959.80 S17 - Cumberland 16,410.10 16,410.10 32.19 1% GSP or $0.50 PT 0.50 8,205.05 529 - Cave Branch 28,401.61 28,401.61 40.99 1% GSP or $0.50 PT 5 0.50 14,200.81 70,288.87 Page 23 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement January 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 Osaka 34,061.88 34,061.88 113.13 1% GSP or $0.50 PT 1.13 38,534.20 D8 - Cloverlick 43,585.20 43,585.20 98.78 1% GSP or $0.50 PT 0.99 43,053.46 D9 - North Fork #$0.50 PT 0.50 - D10 Dorchester 19,978.03 19,978.03 111.65 1% GSP or $0.50 PT 1.12 22,305.47 D11 - Panther 17,616.27 17,616.27 86.92 1% GSP or $0.50 PT 0.87 15,312.06 $17 - Cumberland 33,068.41 33,068.41 44.28 1% GSP or $0.50 PT 0.50 16,534.21 $29 - Cave Branch 6,132.21 6,132.21 49.40 1% GSP or $0.50 PT 0.50 3,066.11 138,805.51 Page 24 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement February 2017 Tonnage Royalty: Produced Sold GSP Rate Net Payment D7 - Osaka 36,867.41 36,867.41 94.17 1% GSP or $0.50 PT 0.94 34,718.04 08 - Cloverlick 43,585.20 43,585.20 95.48 1% GSP or $0.50 PT 0.95 41,615.15 09 - North Fork #$0.50 PT 0.50 - D10 - Dorchester 14,411.20 14,411.20 93.07 1% GSP or $0.50 PT 0.93 13,412.50 D11 - Panther 17,543.48 17,543.48 94.38 1% GSP or $0.50 PT 0.94 16,557.54 S17 Cumberland 21,382.50 21,382.50 40.19 1% GSP .or $0.50 PT 0.50 10,691.25 S29 Cave Branch 28,712.87 28,712.87 54.17 1% GSP or $0.50 PT 0.54 15,553.76 132,548.24 Page 25 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement March 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 47,741.78 47,741.78 98.04 1% GSP or $0.50 PT 0.98 46,806.04 08 - Cloverlick 43,585.20 43,585.20 98.21 1% GSP or $0.50 PT 0.98 42,805.02 D9 - North Fork #$0.50 PT 0.50 - D10 - Dorchester 32,665.44 32,665.44 96.56 1% GSP or $0.50 PT 0.97 31,541.75 011 - Panther 20,377.25 20,377.25 98.59 1% GSP or $0.50 PT 0.99 20,089.93 $17 - Cumberland 38,180.86 38,180.86 36.51 1% GSP or $0.50 PT 0.50 19,090.43 $29 - Cave Branch 33,549.98 33,549.98 46.07 1% GSP or $0.50 PT 0.50 16,774.99 177,108.17 Page 26 of29 Case Claim 9?1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement April 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 33,388.96 33,388.96 90.29 1% GSP or $0.50 PT 5 0.90 30,146.89 D8 - Cloverlick 43,585.20 43,585.20 91.32 1% GSP or $0.50 PT 5 0.91 39,802.00 D9 - North Fork #$0.50 PT 0.50 - D10 Dorchester 13,669.37 13,669.37 5 88.81 1% GSP or $0.50 PT 0.89 12,139.77 011 - Panther 13,467.33 13,467.33 90.84 1% GSP or $0.50 PT 0.91 12,233.72 $17 - Cumberland 29,354.23 29,354.23 5 34.00 1% GSP or $0.50 PT 0.50 14,677.12 S29 - Cave Branch 33,549.98 33,549.98 5 44.09 1% GSP or $0.50 PT 5 0.50 16,774.99 125,774.49 Page 27 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement May 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 25,097.48 25,097.48 90.42 1% GSP or $0.50 PT 0.90 22,693.14 D8 - Cloverlick 43,585.20 43,585.20 90.37 1% GSP or $0.50 PT 0.90 39,387.95 D9 - North Fork #$0.50 PT 0.50 - D10 - Dorchester 11,986.79 11,986.79 88.94 1% GSP or $0.50 PT 0.89 10,661.05 D11 - Panther 25,835.05 25,835.05 90.97 1% GSP or $0.50 PT 0.91 23,502.14 $17 - Cumberland 42,022.84 42,022.84 35.15 1% GSP or $0.50 PT 0.50 21,011.42 $29 - Cave Branch 31,717.47 31,717.47 44.34 1% GSP or $0.50 PT 0.50 15,858.74 133,114.44 Page 28 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement June 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 26,348.34 26,348.34 85.43 1% GSP or $0.50 PT 0.85 22,509.39 D8 - Cloverlick 43,585.20 43,585.20 85.42 1% GSP or $0.50 PT 0.85 37,230.48 D9 - North Fork #$0.50 PT 0.50 - D10 - Dorchester 14,232.97 14,232.97 83.95 1% GSP or $0.50 PT 0.84 11,948.58 D11 - Panther 20,109.53 20,109.53 85.98 1% GSP or $0.50 PT 0.86 17,290.17 S17 - Cumberland 14,742.18 14,742.18 32.79 1% GSP or $0.50 PT 0.50 7,371.09 S29 Cave Branch 38,042.35 38,042.35 48.58 1% GSP or $0.50 PT 0.50 19,021.18 115,370.88 Page 29 of29 Case 3:19-bk-30292 Claim 9-1 Part 2 Filed 08/07/19 Desc Attachment Royalty Statement July 2017 Tonnage Royalty: Mine Produced Sold GSP Rate Net Payment D7 - Osaka 18,554.68 18,554.68 77.56 1% GSP or $0.50 PT 3 0.78 14,391.01 D8 - Cloverlick 43,585.20 43,585.20 79.04 1% GSP or $0.50 PT 5 0.79 34,449.74 D9 North Fork #$0.50 PT 0.50 - D10 - Dorchester 13,241.84 13,241.84 76.08 1% GSP or $0.50 PT 5 0.76 10,074.39 D11 - Panther 14,018.20 14,018.20 78.11 1% GSP or $0.50 PT 5 0.78 10,949.62 $17 - Cumberland - 32.15 1% GSP or $0.50 PT 5 0.50 - $29 - Cave Branch 22,996.06 22,996.06 45.17 1% GSP or $0.50 PT 0.50 11,498.03 81,362.79