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Order Recorded UnderCode of Virginia Section 45.1-361~ 26

VIRGINIAJ7

~0 BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 06-0117-1561

ELECTIONS: UNIT TA-28(herein "Subject Drilling Unit" )

TAX MAP IDENTIHCATION NUMBERS:Tax map idea55cstion numbers for all parcels affected by this order are shown on Exhibit marked "TractIdenti5cations" which is coached to and a part of this order.

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemteud Order is entered by the Board sea spoure in the form uhboizcd by the Board at bearintp heldon Fcbreuy 15, 1994 snd June 16, 1992; and this Supplemental Order is being recorded for tbe purpose ofsupplemtsuing tbe Order previously executed in the capioned msner on March 2$, 2006 which was ~curried atDeed Book 963, Page 434 in the Of6ce ofthe Clerk ofthe Circuit Court ofTazcwell Comuy, Virginia, on March 13,2006, (herein "Board Order" ) and completing the record rcgardmg elections.

Findinas: The Board 5nds that:

'Ihe Board Order directed CNX GAS COMPANY LLC (benin "Desigmued Operator" ) to mail copies of theBoard Order to all Respondents whose mserests, if any, were pooled by the said Board Order;

Tbc esignacdOpcratcr5led its af6davit of elections disclosingthat it had magcd atroe sad correct copy oftheBoard's Onhs to all Respondents whose hrterests, if any, were pooled by said Board Order,

'Ibe Board Order required each Respondeat whose~ifany, ware pooled by the teens ofsaid Board Orderto make an election withbt thirty (30) days ager the date ofmailing or reccrdbrtb as applicable, of said Order, theat6davk ofehctiosu Sled harem and annexed hereto as Exhibit A sensa: (i) whether each Respmrdent bas made orgrged to make a timely election; (ii) the nature of any election(s) made; and (iii) whether, by nescm ofa grgure toelect or to timely elect one or more Respondents aru deemed, under the tenne ofthe Board's Order, to have leased alltheir rights, title, hdcrests, estatm tmd cbdms in Subject Dr6lmg Unit to the Applicam;

Ilute the af6davk ofelections annexed hereto with the Exbgrgs~~idcnti5es thc Re~a)making a timely cbrsncn, if aay; idanti5es tbe Respondeat(s), if any, wbo are deemed to hwe busad; idteti5m the

and claims which require escrow; idasrti5m tbe h tcrcsts and claims, if any, requirmg escrowunder Virgbria Code section 43.1-361.21.D.;and identi5es tbe Respcedeats, ifany, who may bc disissedbyreasonofhaving leased or entered htto a vohmtary agreement wbh thc Apphcant.

abc ai6davit ofehctions bxgcatm whether or not the escrow of funds is required with regard to Unit TA-28;

ger By this Order, the Board orders the~Operator to tender, consistem wkb and in~wnh the 5ndings set forth at~2. above and tbe annexed ai6davit ofehrctkns with Exhibits thereto, anyfunds subject to escrow and 'nstructs the Escrow Agent, Wacbovia Bank, N.A., VA7315, P.O.Box 14061,Roanoke,YA 2403$, Attn: Judy Barger or any ucccssor named by the Bosnl to enablish hmuest bearing escrow account(s),IRS Tsx Ideud5cstkm Number 54-1629506, in~with the in&nnathm set forth in tbc af6davit ofelections

BR 1Q 55 pC 04 9 5

2009, by a majorityDONE AND EXECDTED this /+'ay of ~of the Virginia Gas and Oil Board.

Chai~, B ley C% llmbert

l4L

DONB AND PERPORMED this ~ day of (A~ , 2009, by Order ofthis Board.

David Asbury Jr.Principal Executive To The St fVirginia Gas and Oil Board

STATE OP VIRGINIA )COUNTY OP WASHINGTON )

Acknowledged on this J0 day of ,2009, personallybefore me a notary public in and for the Commonwealth of Virginia, appearedBradley C. Lambert, being duly sworn did depose and say that he is Chairmanof the Virginia Gas and Oil Board, and David Asbury Jr., being duly sworn diddepose and say that he is Principal Executive to the Staff of the VirginiaGas and Oil Board, that they executed ~ same and was authorized to do so.

c9vM~174394

Wy commission expires: September 30, 2009

11

i)'61055PG0496

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application ofCNX Gas Company LLC for Forced Pooling of Interests in CBM Unit TA-28VGOB 064117-1361 in tbe Maiden Springs District of Tazewell County, Virginia

AFFIDAVIT OF CNX GAS COMPANY LLC (herein "Designated ~)REGARDING ELECTIONS,ESCROW AND SUPPLEMENTAL ORDER

Leslie K.~being ffrst duly sworn on oath, deposes and says:

Tbat your aiffant is employed by CNX Gas Company LLC, as a Manager —Envimmnental / Permitting and isduly authorized to make this affidavit on behalf ofCNX GAS COMPANY LLC, the dcsignatcd opmator,

That the Order entered on March g, 2006, by the Virginia Gas and Oil Board (herutnattcr "Board") reyudingthc csptioned CBM Unit required the Applicant to mail a true and correct copy of said Order to each parson

pooled by the Order;

That within seven (7) days of receipt ofan executed copy of the Order refened to at paragraph 2. above, youraffiant caused a true and correct copy of said Order to be maged via the United States Postal Service to eachRespmtdcm named in tbe captioned Application, whose abbess was known, and to all persons, if any, who wereadded as Respondents at the hearing held in the captioncd matter; that proof of such mailing bas previously beentendered to the Division ofGas and Oil, tbe Offfce of the Gas and Oil Inspectu, at Abingdon, Virginia;

That the Order of the Board in the captioned matter requhed all persons pooled thereby to tender their written

elections to the Unit~within Ourty (30) days of tbe date the Order was recorded in tbe countim identiffedabove; that said Order was recorded on March 13, 2006;

That tbe designated operator CNX GAS COMPANY LLC bas established ~to review all mail receiveland all wriuen documents received other thm by mail to ascertam whether parties whose 'nterests have been pooledhave made a wriucn ehction, in a timely gtshton, as required by dm aptioned Order, that said~werefollowed to identify the elections, ifany, made with rayed to the Subject Unit; that the following persons delivere4by mail or therwise, written elections the Unit Operator, withht the thhty day elections period:

None

That Rcslrcndents identified in Exhibit B-3hereto au, having Sdled to make any election, deemed to have leasedtheir coalbed megume rights, interests and claims to Applicant, all as pmvided in tbe Board's Order of March 8,2006;

See attached Exbilnt B-3

B',( I P 55P6049 l

That the rights, hnerwm and claims of the following persons sre subject to escrow under the Board's Order

pooling thc~Unit, Board Regulatiom and the Code of Virginia:

None

That atter the poolbtg hearing held in the captioned matter, the following persons have leased or entered into avohmtmy agronuem with the~Operator:

None

That to the extent aay of said persons listed in Exhibit B-2 have right interests and claims which are subject toescmw and/ or they are no longer an owner, they should be dismissed as respondents; the Operator requests that thefollowmg persons be ismisscd as Respondeats:

None

That tbc persons identified in Exhibit EE~hereto have entered into myalty split agreements that allow theApplicant/Dmignated Operator to pay them dhectly without the need to escrow funds which would otberwim be in

con8ict.

None

That pursuant to tbe pmvisions ofVAC 25-160-70.A.10.and C. and VAC 25-160-00 the annexed supplementtdorder sets forth the 'nterests and claims that reqube escrow of fimds pursuant to Virginia Code sections 45.1-361.21.D.and45.1-36122.A.3. and4.

Ihhdahhdd Id. WMV~lh'ddd f W~ , 2009.

&'V dD4 I 1~[( $QI3ddhJrdd5'JLAddh vu Atdia D. Duty

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Talten,~and sworn to before me by Anita D. Dpty as a Pooling Supervsor for CNX Gas Company LLC,on behalf of the corporam Designated Operator, this ~day of '5 arsu dupe , 2009.

My commission expires: ADr'.1 l QOI%

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EXHIBIT A

STATE WIDE SPACINGUNIT TA-28

FORD OOL ING

e

CasOany CNX Gas Cmsmnv LLC I II N dNTract No.

Coonty azewell District Naiden SorinasTazeang l e mana e I i

ScI e: 1 = WD'ote I'CSI~45

LLcensed Professional Enginem cr Licensed Land Surveyor

r"i< l055P40499CRX Qaa Company LLC

UNff 7MB700t ww w

(41 'em Ibdt}

OmN,'.IL Peery, Trateee, et aL- PoeC:—:'::.Coal~ -Coal aelaw Lower Seaboard Seem LeeeodWasNhwy Ceelllbdaa Pmtaemldp- Lower ~beam LeeeodCabot!ON aml Qea Corp. -ON mal Qae Leeoedpda Niter NNA Parcel 2}140 ebam 4AE47%

C .":"::==Coal C ~~ }Peradey Treet 257}-CoolCabot CSaad Qae OWNS -QNaad QaeCNR ~:: LLC-~

laaaief. r Umaed- Swee(Ta taap NNA Pamel aa}1&earee SSNdS%:= Coal ~eg }Pemday Tmot 2$a}-CoolCabot t}Waml Qao Corp. -ON aml QeeCNW'QaP ~~ LLC-~CIINIISI aemeeems ~ ~~@Lmaed SlllfeeopaaabQINSa Parcel Se}18$aodm KS1~

'vi::::::Coal~Prmeaseij Tmet 124} CeeiCabot IN}eel Qae Corp.-ON eml Qae

Clerbmt~ e «~r Lbaaed Sarhee~~~~.Plaeet2}-2SSN''mace 4L84%%C::.Coal ~q g r Tiact 127}—Coal

Cebet QNaadQae Cori~-ON aad QaeOQI Qee~i LLC- CSN

TAO aeree 1NPINN%

December 12,2eea

CA I 6~5(U0500Ust of Unloosed Owners(Claimants

(41.88Acre Unit)

I. COALS CRM PSR CMMSRSHIP

(1) Dsvkl R. Peery, Trustee, et al.(James M. Peery Hebe. Devtsees,&eoseam or Aadsns, el al.)

(a) Clara S.Peery Revocable Trustcro David R. Peery, Tnsnee1177Rsdbud LaneMoneta, VA 24121

(b) Rabat C. Peery8 Sanbury RoadRichmond, VA 23221

S. DIL 8 ISAS PRE QMIRRSHIP

0.93 acrestn of 1.88acres

0.93 acres1/2 of 1.88acres

2.2324%

2.2324%

(1) Davkl R. Pemy, Trustee, et al.(James M. Peery Heim, Devtsees,Succesecm cr Aesktns, st sl.)

(a) Clws S. Pemy Revocsbbr Trustcro Davkl R. Peery, Trustee1177Redbud LaneMonela, VA 24121

(b) Robert C. Peery8 Ssnbury RoadRichmond, VA 23221

0.93 acmein of 1.88acres

0.93 acresi)2 M I.ss~

2.2324%

2.2324%

INSTRUNENT N898882369RECORDED IN THE CLERK'S OFFICE OF

TAZENELL COUNTY ON

rU@ !6 2~AT)l:nflJANES E. BLEV r L

RECORDED BY: DJJ

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