Common use of References, Titles and Construction Clause in Contracts

References, Titles and Construction. All references in this Agreement to Exhibits, Schedules, Sections, and other subdivisions refer to the Exhibits, Schedules, Sections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and shall be disregarded in construing the language contained in this Agreement. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “this Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender. Words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singular, unless the context otherwise requires. In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties have executed this Agreement effective as of the date first set forth above. SELLERS: AMERICAN EAGLE ENERGY INC. By: Name: Xxxxxx X. Xxxxx Title: Vice President, Operations ETERNAL ENERGY CORP. By: Name: Xxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING, LLC By: Name: Xxxxxxxx X. Xxxx, Xx. Title: President [SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT] EXHIBIT “A” LEASES AND LANDS EXHIBIT “B”

References, Titles and Construction. All references in this Agreement to Exhibits, Schedules, Sections, and other subdivisions refer to the Exhibits, Schedules, Sections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and shall be disregarded in construing the language contained in this Agreement. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “this Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender. Words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singular, unless the context otherwise requires. In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties have executed this Agreement effective as of the date first set forth above. SELLERS: AMERICAN EAGLE ENERGY INC. By: Name: Xxxxxx Txxxxx X. Xxxxx Title: Vice President, Operations ETERNAL ENERGY CORP. By: Name: Xxxx Bxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING, LLC By: Name: Xxxxxxxx Lxxxxxxx X. Xxxx, Xx. Title: President [SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT] EXHIBIT “A” LEASES AND LANDS EXHIBIT “B”

References, Titles and Construction. All references in this Agreement to Exhibits, Schedules, Articles, Sections, Subsections, and other subdivisions refer to the Exhibits, Schedules, Articles, Sections, Subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and shall be disregarded in construing the language contained in this Agreement. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “this Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender. Words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singular, unless the context otherwise requires. In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties have executed this Agreement effective as Inclusion of an item in a section of the date first set forth above. SELLERS: AMERICAN EAGLE ENERGY INC. By: Name: Xxxxxx X. Xxxxx Title: Vice PresidentDisclosure Schedule (a) shall be deemed to be disclosure of such item on all sections of the Disclosure Schedule for which it is reasonably apparent on its face that such item applies, Operations ETERNAL ENERGY CORP. By: Name: Xxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING(b) does not represent a determination that such item is material nor shall it be deemed to establish a standard of materiality, LLC By: Name: Xxxxxxxx X. Xxxx(c) does not represent a determination that such item did not arise in the ordinary course of business, Xx. Title: President [SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT] EXHIBIT “A” LEASES AND LANDS EXHIBIT “B”and (d) shall not constitute, or be deemed to be, an admission to any third party concerning such item.

References, Titles and Construction. All references in this Agreement to Exhibits, Schedules, Sections, and other subdivisions refer to the Exhibits, Schedules, Sections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and shall be disregarded in construing the language contained in this Agreement. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “this Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender. Words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singular, unless the context otherwise requires. In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties have executed this Agreement effective as of the date first set forth above. SELLERS: AMERICAN EAGLE ENERGY INC. By: Name: Xxxxxx Txxxxx X. Xxxxx Title: Vice President, Operations ETERNAL ENERGY CORP. By: Name: Xxxx Bxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING, LLC By: Name: Xxxxxxxx Lxxxxxxx X. Xxxx, Xx. Title: President [SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT] EXHIBIT “A” LEASES AND LANDS EXHIBIT “B”"A" PART 1 Attached to and made a part of that certain Purchase and Sale Agreement among Eternal Energy Corp. and American Eagle Energy, Inc., as Sellers and NextEra Energy Gas Producing, LLC, dated effective as of November 1, 2011 LEASE LESSOR LESSEE LSE DATE EXPIRY DATE RECORDING GROSS NET MIN LOR ORRI NRI DESCRIPTION LSE-00122 HXXXXX, XXX X. JXXXX X. XXXXXXXXXX 8/5/2008 8/5/2013 BK 263M; PG 356 1,394.18 406.05 29.1246% 16.6667% 3.3333% 80.0000% T160N-R103W, 5TH P.M. SEC 4: SE/4 T161N-R103W, 5TH P.M. SEC 27: NE/4 T162N-R102W, 5TH P.M. SEC 18: LOTS 3 (37.05), 4 (37.13), E/2SW/4 SEC 18: NE/4 SEC 24: N/2SW/4, SW/4SW/4 T162N-R103W, 5TH P.M. SEC 24: S/2 SEC 24: NE/4 T163N-R103W, 5TH P.M. SEC 13: SW/4 LXX-00000 XXXXXX, XXXXXX X. EMPIRE OIL COMPANY 4/30/2007 4/30/2012 BK 617; PG 529 319.46 159.73 50.0000% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC 24: LOTS 1 (19.63), 2 (40.00), 3 (40.00), 4 (40.00), 5 (40.00), 6 (40.00), 7 (40.00), 8 (19.83), 11 (40.00) LSE-00680 AXXXXX, XXXXX XXX EMPIRE OIL COMPANY 5/15/2007 5/15/2012 BK 617; PG 1532 319.46 9.98 3.1251% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC 24: LOTS 1 (19.63), 2 (40.00), 3 (40.00), 4 (40.00), 5 (40.00), 6 (40.00), 7 (40.00), 8 (19.83), 11 (40.00) LXX-00000 XXXXXXX, SEM HXXXXX X. XXXXXXXX, INC. 7/28/2006 7/28/2016 BK 615; PG 193 389.22 77.84 19.9990% 17.0000% 3.0000% 80.0000% T34N-R58E, 5TH P.M. SEC 1: LOTS 1 (17.09), 2 (39.93), 3 (40.00), 8 (40.00), 9 (40.00), 10 (17.27), 11 (17.40), 12 (40.00), 13 (40.00), 16 (40.00), 17 (40.00), 18 (17.53) LXX-00000 XXX NDM 95992 PLAYA OIL & GAS LP 9/1/2006 8/31/2016 N/A 53.12 53.12 100.0000% 12.5000% 7.5000% 80.0000% T159N-R103W, 5TH P.M. SEC 4: LXX 0, XXXXXXX XXXXX XX XXX 0 XXX-00000 XXXXXX, X.X. HXXXXX X. XXXXXXXX, INC. 10/11/2006 10/11/2013 BK 616; PG 957 800.00 10.71 1.3388% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 26: SE/4 SEC 26: W2NE/4, NW/4, N/2SW/4 SEC 35: N/2 LSE-00684 EXXXXXX, XXXX HXXXXX X. XXXXXXXX, INC. 10/5/2006 10/5/2013 BK 615; PG 1030 110.79 110.79 100.0000% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 24: LOTS 1, 6 LSE-00685 FXXXXXXX, XXXXX X. HXXXXX X. XXXXXXXX, INC. 7/17/2006 7/17/2016 BK 615; PG 202 640.00 213.33 33.3328% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 25: ALL LXX-00000 XXXXXXXX, XXXXX X. HXXXXX X. XXXXXXXX, INC. 10/11/2006 10/11/2016 BK 615; PG 1033 800.00 4.67 0.5833% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 26: SE/4 SEC 26: W2NE/4, NX/0, X/0XX/0 XXX 00: X/0 XXX-00000 XXXXXX, XXXXXXX X., TRUSTEE OF THE MXXXXXX X . XXXXXX REVOCABLE FAMILY TRUST EMPIRE OIL COMPANY 4/12/2007 4/7/2012 BK 616; PG 2238 319.46 19.97 6.2501% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC 24: LOTS 1 (19.63), 2 (40.00), 3 (40.00), 4 (40.00), 5 (40.00), 6 (40.00), 7 (40.00), 8 (19.83), 11 (40.00) LXX-00000 X.X. LAND, LLC EMPIRE OIL COMPANY 5/23/2007 5/23/2012 BK 617; PG 1535 319.46 9.98 3.1251% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC 24: LOTS 1 (19.63), 2 (40.00), 3 (40.00), 4 (40.00), 5 (40.00), 6 (40.00), 7 (40.00), 8 (19.83), 11 (40.00) LXX-00000 XXXXXX FAMILY TRUST HXXXXX X. XXXXXXXX, INC. 9/7/2006 9/7/2013 BK 615; PG 163 320.00 80.00 25.0000% 17.0000% 3.0000% 80.0000% T35N-R58E, 5TH P.M. SEC 35: NX/0, XX/0 XXX-00000 XXXXX, XXXXXXX HXXXXX X. XXXXXXXX, INC. 7/28/2006 7/28/2016 BK 615; PG 181 389.22 77.85 20.0015% 17.0000% 3.0000% 80.0000% T34N-R58E, 5TH P.M. SEC 1: LOTS 1 (17.09), 2 (39.93), 3 (40.00), 8 (40.00), 9 (40.00), 10 (17.27), 11 (17.40), 12 (40.00), 13 (40.00), 16 (40.00), 17 (40.00), 18 (17.53) LXX-00000 XXXXX, XXXXXX HXXXXX X. XXXXXXXX, INC. 7/28/2006 7/28/2016 BK 615; PG 190 389.22 77.85 20.0015% 17.0000% 3.0000% 80.0000% T34N-R58E, 5TH P.M. SEC 1: LOTS 1 (17.09), 2 (39.93), 3 (40.00), 8 (40.00), 9 (40.00), 10 (17.27), 11 (17.40), 12 (40.00), 13 (40.00), 16 (40.00), 17 (40.00), 18 (17.53) LXX-00000 XXXXX, XXXXXXX HXXXXX X. XXXXXXXX, INC. 7/28/2006 7/28/2016 BK 615; PG 187 389.22 77.85 20.0015% 17.0000% 3.0000% 80.0000% T34N-R58E, 5TH P.M. SEC 1: LOTS 1 (17.09), 2 (39.93), 3 (40.00), 8 (40.00), 9 (40.00), 10 (17.27), 11 (17.40), 12 (40.00), 13 (40.00), 16 (40.00), 17 (40.00), 18 (17.53) LXX-00000 XXXXX, XXXXXX HXXXXX X. XXXXXXXX, INC. 7/28/2006 7/28/2016 BK 615; PG 184 389.22 77.85 20.0015% 17.0000% 3.0000% 80.0000% T34N-R58E, 5TH P.M. SEC 1: LOTS 1 (17.09), 2 (39.93), 3 (40.00), 8 (40.00), 9 (40.00), 10 (17.27), 11 (17.40), 12 (40.00), 13 (40.00), 16 (40.00), 17 (40.00), 18 (17.53) LEASE LESSOR LESSEE LSE DATE EXPIRY DATE RECORDING GROSS NET MIN LOR ORRI NRI DESCRIPTION LSE-00694 NELSON, JUDITH, ET AL EMPIRE OIL COMPANY 4/18/2007 4/18/2012 BK 249M; PG 170 958.00 405.00 42.2756% 16.6667% 3.3333% 80.0000% T160N-R103W, 5TH P.M. SEC 4: SE/4 SEC 5: SW/4 SEC 5: SX/0 XXXX 0 XXXXX XXX 8: E/2 SEC 20: NE/4 LSE-00695 OXXXXX, C. XXXXXXX HXXXXX X. XXXXXXXX, INC. 7/17/2006 7/17/2016 BK 615; PG 205 640.00 213.34 33.3344% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 25: ALL LSE-00696 OXXXXX, C. XXXXXXX HXXXXX X. XXXXXXXX, INC. 10/11/2006 10/11/2013 BK 615; PG 2074 800.00 4.67 0.5833% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 26: SE/4 SEC 26: W2NE/4, NW/4, N/2SW/4 SEC 35: N/2 LSE-00697 RXXXXXXXX, XXXXX HXXXXX X. XXXXXXXX, INC. 7/17/2006 7/17/2016 BK 615; PG 199 640.00 213.33 33.3328% 17.0000% 3.0000% 80.0000% T35N-R58E, 5TH P.M. SEC 25: ALL LXX-00000 XXXXXXXXX, XXXXX HXXXXX X. XXXXXXXX, INC. 10/11/2006 10/11/2013 BK 615; PG 2057 800.00 4.67 0.5833% 16.6667% 3.3333% 80.0000% T35N-R58E, 5TH P.M. SEC 26: SE/4 SEC 26: W2NE/4, NW/4, N/2SW/4 SEC 35: N/2 LXX-00000 XXXXXX FAMILY TRUST HXXXXX X. XXXXXXXX, INC. 8/18/2006 8/18/2016 BK 615; PG 145 160.00 160.00 100.0000% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC 15: SW/4 LXX-00000 XXXXX XX XX-00000-00 PLAYA OIL & GAS LP 9/6/2006 9/6/2016 BK 616; PG 581 866.52 866.52 100.0000% 16.6667% 3.3333% 80.0000% T34N-R58E, 5TH P.M. SEC:22 NW/4 LXX-00000 XXXXXX FAMILY TRUST AEE / EERG 8/5/2011 8/5/2016 BK 637; PG 1772 160.00 160.00 100.0000% 12.5000% 7.5000% 80.0000% T34N-R58E, 5TH P.M. SEC 22: NW/4 LSE-00784 SVENA, RXXXXX X., & DXXXX X. XXXXX EMPIRE OIL COMPANY 4/17/2007 4/17/2012 BK 249M; PG 174 1,436.10 644.05 44.8472% 16.6667% 3.3333% 80.0000% T160N-R103W, 5TH P.M. SEC 4: SE/4 SEC 5: SW/4 SEC 5: SX/0 XXXX 0 XXXXX XXX 8: E/2 SEC 20: NE/4 SEC 7: LOTS 3 (39.63), 4 (39.47), E/2SE/4 SEC 18: LOTS 1 (39.45), 2 (39.55), E/2NE/4 SEC 8: SW/4 LSE-00794 BXXXX, XXXX X. DIAMOND RESOURCES CO 5/3/2011 5/3/2014 BK 313M; PG 613 159.28 11.61 7.2891% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LSE-00795 BXXXX, XXXXXX X. DIAMOND RESOURCES CO 4/27/2011 4/27/2014 BK 313M; PG 214 159.28 11.61 7.2891% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LXX-00000 XXXXXXXX, XXXXXX DIAMOND RESOURCES CO 4/27/2011 4/27/2014 BK 313M; PG 216 159.28 11.61 7.2891% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LSE-00797 GXXXXXX, BXXXX XXXXXXX RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG 643 717.99 21.83 3.0404% 18.7500% 1.5000% 79.7500% T162N-R102W, 5TH P.M. SEC 6: LOTS 2 (39.88), 3 (39.93), 5 (36.38), SW/4NE/4, SE/4NW/4 T162N-R103W, 5TH P.M. SEC 1: LOTS 3 (39.70), 4 (39.58), SE/4NE/4 SEC 10: 2.52 ACRE TRACT IN LOT 4 MFD IN 77-292 T163N-R102W, 5TH P.M. SEC 31: S/2NE/4 SEC 31: SE/4 SEC 32: S/0XX/0, XX/0XX/0, XX/0XX/0 XXX-00000 GXXXXXX, XXXXX DIAMOND RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG 633 717.99 21.83 3.0404% 18.7500% 1.5000% 79.7500% T162N-R102W, 5TH P.M. SEC 6: LOTS 2 (39.88), 3 (39.93), 5 (36.38), SW/4NE/4, SE/4NW/4 T162N-R103W, 5TH P.M. SEC 1: LOTS 3 (39.70), 4 (39.58), SE/4NE/4 SEC 10: 2.52 ACRE TRACT IN LOT 4 MFD IN 77-292 T163N-R102W, 5TH P.M. SEC 31: S/2NE/4 SEC 31: SE/4 SEC 32: S/0XX/0, XX/0XX/0, XX/0XX/0 LSE-00799 GXXXXXX, XXXXX DIAMOND RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG631 737.85 21.83 2.9586% 18.7500% 1.5000% 79.7500% T162N-R102W, 5TH P.M. SEC 6: LOTS 2 (39.88), 3 (39.93), 5 (36.38), SW/4NE/4, SE/4NW/4 T162N-R103W, 5TH P.M. SEC 1: LOTS 3 (39.70), 4 (39.58), SE/4NE/4 SEC 10: LXX 0 (0 XXXXXX) XXXXXXXXXX XXX 00: LXX 0 (0 XXXXXX) X000X-X000X, 0XX X.X. SEC 31: S/2NE/4 SEC 31: SE/4 SEC 32: S/0XX/0, XX/0XX/0, XX/0XX/0 XXX-00000 GXXXXXXX, XXXXXX DIAMOND RESOURCES CO 4/18/2011 4/18/2016 BK 312M; PG 215 240.00 54.00 22.5000% 17.0000% 3.0000% 80.0000% T163N-R102W, 5TH P.M. SEC 5: SX/0, X/0XX/0 LEASE LESSOR LESSEE LSE DATE EXPIRY DATE RECORDING GROSS NET MIN LOR ORRI NRI DESCRIPTION LSE-00801 IXXXXXXX LUTHERAN CHURCH DIAMOND RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG 645 80.00 80.00 100.0000% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 8: W/2NW/4 LSE-00802 KXXXXXX, XXXXX DIAMOND RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG 641 717.99 21.83 3.0404% 18.7500% 1.5000% 79.7500% T162N-R102W, 5TH P.M. SEC 6: LOTS 2 (39.88), 3 (39.93), 5 (36.38), SW/4NE/4, SE/4NW/4 T162N-R103W, 5TH P.M. SEC 1: LOTS 3 (39.70), 4 (39.58), SE/4NE/4 SEC 10: 2.52 ACRE TRACT IN LOT 4 MFD IN 77-292 T163N-R102W, 5TH P.M. SEC 31: S/2NE/4 SEC 31: SE/4 SEC 32: S/0XX/0, XX/0XX/0, XX/0XX/0 XXX-00000 XXXXX, XXXXX X. DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 639 300.00 106.26 35.4214% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 11: LOTS 1 (38.30), 2 (21.70), W/2SE/4 SEC 14: SE/4 LSE-00804 NXXXXX, XXX X. DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 635 159.28 5.81 3.6477% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LXX-00000 XXXXXXXXXXXX, XXXXXX X. & CXXXXXXXX X. TRUST, HXXX X. XXXXXXXXXXXX, TRUSTEE DIAMOND RESOURCES CO 4/18/2011 4/18/2016 BK 312M; PG 221 240.00 132.00 55.0000% 17.0000% 3.0000% 80.0000% T163N-R102W, 5TH P.M. SEC 5: SX/0, X/0XX/0 XXX-00000 XXXXXX FAMILY TRUST, DTD 6/20/2000, JXXXX X. & RXXXXX X. XXXXXX, TRUSTEES DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 617 159.28 11.61 7.2891% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LSE-00807 PXXXXX, XXXXXXX X. & RXXXX XXXXXX DIAMOND RESOURCES CO 4/27/2011 4/27/2014 BK 313M; PG 621 159.28 11.61 7.2891% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LSE-00808 RXXXXX, X.X. DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 639 300.00 87.50 29.1643% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 11: LOTS 1 (38.30), 2 (21.70), W/2SE/4 SEC 14: SE/4 LSE-00810 RXXXXXX, XXXXXXXX X. & KXXXXXX X. XXXXXXX DIAMOND RESOURCES CO 4/18/2011 4/18/2014 BK 313M; PG 219 240.00 54.00 22.5000% 17.0000% 3.0000% 80.0000% T163N-R102W, 5TH P.M. SEC 5: SW/4, W/2SE/4 LXX-00000 XXXXX, XXXXX X. DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 615 159.28 5.81 3.6477% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 5: LOTS 3 (39.62), 4 (39.66), S/2NW/4 LXX-00000 XXXXXXX, XXXXXXX DIAMOND RESOURCES CO 5/4/2011 5/4/2014 BK 313M; PG 609 300.00 106.26 35.4214% 18.7500% 1.5000% 79.7500% T163N-R102W, 5TH P.M. SEC 11: LOTS 1 (38.30), 2 (21.70), W/2SE/4 SEC 14: SE/4 LSE-00813 WXXXX, XXXXXX DIAMOND RESOURCES CO 5/17/2011 5/17/2014 BK 313M; PG 629 737.85 21.83 2.9586% 18.7500% 1.5000% 79.7500% T162N-R102W, 5TH P.M. SEC 6: LOTS 2 (39.88), 3 (39.93), 5 (36.38), SW/4NE/4, SE/4NW/4 T162N-R103W, 5TH P.M. SEC 1: LOTS 3 (39.70), 4 (39.58), SE/4NE/4 SEC 10: LXX 0 (0 XXXXXX) XXXXXXXXXX XXX 00: LXX 0 (0 XXXXXX) X000X-X000X, 0XX X.X. SEC 31: S/2NE/4 SEC 31: SE/4 SEC 32: S/0XX/0, XX/0XX/0, XX/0XX/0 XXX-00000 XXX NDM 95993 PLAYA OIL & GAS LP 9/1/2006 9/1/2016 N/A 560.00 280.00 50.0000% 12.5000% 7.5000% 80.0000% T159N-R103W, 5TH P.M. SEC 9: W/2NE/4 SEC 20: SE/4 SEC 25: NW/4 SEC 26: NE/4 LSE-00817 BLM NDM 95994 PLAYA OIL & GAS LP 9/1/2006 9/1/2016 N/A 172.80 172.80 100.0000% 12.5000% 7.5000% 80.0000% T160N-R103W, 5TH P.M. SEC 15: W/2NW/4, NW/4SW/4 SEC 21: NE/4NW/4 SEC 33: LXX 0 XXX 00: LAKEBED IN RIPAR TO LOT 2 LSE-00819 AXXXXXXX, MXXXXXX XXXXX LYNX OIL COMPANY 3/1/2011 3/1/2014 BK 309M; PG 178 48.17 6.02 12.5000% 19.0000% 1.0000% 80.0000% T164N-R102W, 5TH P.M. SEC 30: LOT 5 (36.96) SEC 31: THE WEST 370 FEET OF THE SW/4NE/4 LEASE LESSOR LESSEE LSE DATE EXPIRY DATE RECORDING GROSS NET MIN LOR ORRI NRI DESCRIPTION LSE-00820 AXXXXXXX, MXXXXXX XXXXX LYNX OIL COMPANY 3/1/2011 6/19/2014 BK 309M; PG 175 734.32 190.81 25.9846% 19.0000% 1.0000% 80.0000% T163N-R102W, 5TH P.M. SEC 30: S/2SE/4 SEC 31: N/2NE/4 SEC 31: LOTS 1 (36.03), 2 (36.09), E/2NW/4 T163N-R103W, 5TH P.M. SEC 25: SE/4 T164N-R102W, 5TH P.M. SEC 31: NX/0XX/0, X/0XX/0, XX/0XX/0, XXX 0, X/0XX/0, XX/0XX/0 L 370' LSE-00821 MXXXXXXX, LXXXX XXXXX LYNX OIL COMPANY 3/1/2011 3/1/2014 BK 309M; PG 166 48.17 6.02 12.5000% 19.0000% 1.0000% 80.0000% T164N-R102W, 5TH P.M. SEC 30: LOT 5 (36.96) SEC 31: THE WEST 370 FEET OF THE SW/4NE/4 LSE-00822 MXXXXXXX, LXXXX XXXXX LYNX OIL COMPANY 6/19/2011 6/19/2014 BK 309M; PG 169 472.12 118.53 25.1059% 19.0000% 1.0000% 80.0000% T163N-R102W, 5TH P.M. SEC 30: S/2SE/4 SEC 31: N/2NE/4 SEC 31: LOTS 1 (36.03), 2 (36.09), E/2NW/4 T163N-R103W, 5TH P.M. SEC 25: SE/4 LSE-00823 SXXXXXX, MARVEL DIAMOND RESOURCES CO 8/23/2011 8/23/2014 BK 314M; PG 661 280.00 87.50 31.2500% 18.7500% 1.2500% 80.0000% T163N-R103W, 5TH P.M. SEC 11: NX/0, X/0XX/0, XX/0XX/0

References, Titles and Construction. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, Sectionsarticles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, Sectionsarticles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision subdivisions are for convenience only and only, do not constitute any part of any such subdivision those subdivisions and shall will be disregarded in construing the language contained in this Agreementthose subdivisions. The words “"this Agreement,” “" "this instrument," "herein,” “" "hereof," "hereby,” “" "hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this Section” section" and “"this Subsection” subsection" and similar phrases refer only to the Sections sections or Subsections hereof subsections of this Agreement in which the phrase occursthose phrases occur. The word “"or” " is not exclusive, and “; the word "including” " (and in its various derivatives), forms) means “"including without limitation.” " Pronouns in masculine, feminine and neuter gender genders shall be construed to include any other gender. Words , and words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singularvice versa, unless the context otherwise requires. In The word "will" shall be construed to have the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement same meaning and effect as the word "shall". Unless the context requires otherwise (a) any reference herein to any law shall be construed as if jointly drafted by the Partiesreferring to such law and any rule or regulation promulgated thereunder, all as amended, modified, codified or reenacted, in whole or in part, and no presumption or burden of proof in effect from time to time, (b) any reference herein to any Person shall arise favoring or disfavoring a Party as a result of authorship or drafting be construed to include such Person's successors and assigns (subject to the restrictions contained herein), (c) with respect to the determination of any time period, the word "from" means "from and including" and the word "to" means "to and including". No provision of this AgreementAgreement or any other Loan Document shall be interpreted or construed against any Person solely because such Person or its legal representative drafted such provision. The Parties have executed this Agreement effective as of the date first set forth above. SELLERS: AMERICAN EAGLE ENERGY INC. By: Name: Xxxxxx X. Xxxxx Title: Vice President, Operations ETERNAL ENERGY CORP. By: Name: Xxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING, LLC By: Name: Xxxxxxxx X. Xxxx, Xx. Title: President [SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT] EXHIBIT “A” LEASES AND LANDS EXHIBIT “B”Any reference to an approval or consent by Lenders or Administrative Agent shall be construed to require a written approval or consent.

References, Titles and Construction. All references in this Agreement to Exhibits, Schedules, Sections, and other subdivisions refer to the Exhibits, Schedules, Sections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and shall be disregarded in construing the language contained in this Agreement. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “this Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender. Words in the singular form shall be construed to include the plural and words in the plural form shall be construed to include the singular, unless the context otherwise requires. In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties have executed this Agreement effective as of the date first set forth above. SELLERSSELLER: AMERICANA EXPLORATION LLC By: /s/ Jxxx X. Xxxxx Name: Jxxx X. Xxxxx Title: Manager BUYER: AMERICAN EAGLE ENERGY INC. By: /s/ Txxxxx X. Xxxxx Name: Xxxxxx Txxxxx X. Xxxxx Title: Vice President, President of Operations ETERNAL ENERGY CORP. By: Name: Xxxx Xxxxx Title: President BUYER: NEXTERA ENERGY GAS PRODUCING, BIG SKY OPERATING LLC By: /s/ Cxxxxxx X. Xxxxxxxx Name: Cxxxxxx X. Xxxxxxxx X. Xxxx, Xx. Title: President Member [SIGNATURE PAGE TO PURCHASE AND SALE LEASE ACQUISITION AGREEMENT] SCHEDULE 1 AGREEMENTS SCHEDULE 2 WXXXX EXHIBIT “A” LEASES AND LANDS EXHIBIT ”B” ASSIGNMENT AND CONVEYANCE This Assignment and Conveyance (this “BAssignment”) dated as of [February 28, 2011], is among Americana Exploration LLC, a Delaware limited liability company (“Assignor”), whose address is P.X. Xxx 000, Xxxxx, Xxxxxxx 00000, American Eagle Energy Inc., a Nevada corporation, whose address is 20 Xxxxx 00xx Xxxxxx, Xxxxx 00X, Xxxxxxxx, Xxxxxxx 00000 (“AEE”), and Big Sky Operating LLC, a Montana limited liability company (“BSO and together with AEE, collectively “Assignees”), whose address is 100 Xxxxx 00xx Xxxxxx, Xxxxx 00, Xxxxxxxx, Xxxxxxx 00000. For Ten Dollars and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), Assignor does hereby grant, bargain, sell, convey, assign, transfer, set over and deliver to Assignees all of Assignor’s right, title and working interest in and to the following (collectively, the “Assets”), allocated as to an undivided 50% to AEE and as to an undivided 50% to BSO: